Appellate Division of the Supreme Court of New York, 1986

People v. Johnson

People v. Johnson
Appellate Division of the Supreme Court of New York · Decided December 19, 1986
125 A.D.2d 1008; 509 N.Y.S.2d 789; 1986 N.Y. App. Div. LEXIS 63216
People v. Johnson

Opinion of the Court

— Motion for summary reversal denied. Memorandum: Relief pursuant to People v Montgomery (24 NY2d 130) is no longer available (see, People v Corso, 40 NY2d 578). Under CPL 450.30 (3), defendant’s appeal following resentencing does not bring up for review the judgment of conviction and, hence, it is immaterial that the transcript of the trial testimony is unavailable. Present — Dillon, P. J., Callahan, Doerr, Denman and Boomer, JJ. (Order entered Dec. 3, 1986.)

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