Source: New York Supreme Court, Appellate Division
Date: 1964-03-30
Jurisdiction: New York
Citation: 21 A.D.2d 983
Opinion
Motion by the District Attorney of Nassau County to dismiss defendant’s appeal from a judgment of conviction. Motion denied, with leave to renew upon proof of service of the motion papers upon the defendant personally, as well as upon his attorney of record. The new
section 537-a of the Code of Criminal Procedure requires that on a motion to dismiss an appeal the motion papers shall be served upon the defendant personally. Beldock, P. J., TJghetta, Kleinfeld, Hill and Rabin, JJ., concur.