PEOPLE v. DIMON


279 A.D. 691 (1951)

The People of the State of New York, Respondent, v. Bernard Dimon, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.


We take the view that the order sought to be reviewed is nonappealable. (People v. Gersewitz, 294 N.Y. 163.) The amendment to section 517 of the Code of Criminal Procedure (L. 1947, ch. 706) does not affect the situation here. That amendment permits an appeal from an order "denying a motion to vacate a judgment of conviction." Here there was no such motion and no such judgment. Had there been such a judgment the motion made would have been untimely and could not have...

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