Majority
p. 983(March 30, 1964) The People of the State of New York, Respondent, v. William C. Winston, Appellant.
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
p. 984
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.