Majority
p. 933The People of the State of New York, Respondent, v. Cilo Cepriano, Appellant.
Motion to dismiss appeal denied, without prejudice to a
p. 934
renewal thereof when the appeal is brought on for a hearing, and without prejudice to a new motion to dismiss unless said appeal is diligently prosecuted. Whether the judgment of conviction may be reviewed under the notice of appeal which has been served will be then considered. Present —Jenks, P. J., Burr, Carr, Rich and Putnam, JJ.