People v. Gianvecchio — 187 N.Y. 556

Majority

p. 556

The People of the State of New York, Respondent, v. Gaetano Gianvecchio, Appellant.

Headnote

People v. Gianvecchio, 113 App. Div. 903 , appeal dismissed.

(Submitted January 28, 1907;

decided February 1, 1907.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial

p. 557

department, entered May 11, 1906, which affirmed a judgment • of the Court of General Sessions in the county of New York rendered upon a verdict convicting 'the defendant of the crime of forgery in the second degree.

The motion was made upon the ground of failure of the appellant to prosecute the appeal.

William Travers Jerome, District Attorney (E. Crosby Kindleberger of counsel), for motion.

Rosario Maggio opposed.

Motion granted and appeal dismissed unless appellant duly notice the appeal for argument for March 4, 1907, and serve three copies of his printed brief on the district attorney on or before February 25, 1907, in which case motion denied.