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PEOPLE v. DIAMOND

41 Misc.2d 35 (1963)

The People of the State of New York, Respondent, v. Steven Diamond, Appellant.

Supreme Court, Appellate Term, Second Department.

October 1, 1963

Attorney(s) appearing for the Case

David H. Deitsch for appellant. Frank D. O'Connor, District Attorney (May E. O'Shea of counsel), for respondent.

Concur — BENJAMIN, GULOTTA and SCHWARTZWALD, JJ.

Per Curiam.

Although the issuance of the summons was extraterritorial, when the defendant appeared before the court to answer a valid information filed against him, pleaded "not guilty" thereto and proceeded to trial, the court acquired jurisdiction over his person (People v. Yerman, 138 Misc. 272; People v. Hagan, 138 Misc. 771, affd. 235 App. Div. 784; People v. Preble, 39...

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