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People v. Richard Pergament & Pergament

91 Misc. 2d 120 Court Supreme Court, Appellate Term, Second Department, Decision date 1977-05-03 English

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p. 120
The People of the State of New York, Respondent, v Richard Pergament & Pergament, Harold Lewis & Pergament Corp. and Richard Steffer & Pergament Paints, Appellants.
Supreme Court, Appellate Term, Second Department,
May 3, 1977
Jessel Rothman, P. C., for appellants. W. Kenneth Chave, Jr., Town Attorney, for respondent.

Memorandum. Appeal is dismissed.

No appeal lies from an intermediate order denying dismissal of an indictment or information in a criminal action and the questions raised may only be reviewed upon an appeal from the judgment of conviction (see CPL 450.10; CPL 450.15; see, also, People ex rel. McLaughlin v Monroe, 44 AD2d 575 ). Accordingly, the instant appeal is dismissed as premature.

Concur: Glickman, P. J., Pittoni and Gagliardi, JJ.