People v. Phelan — 246 N.Y. 538

Majority

p. 538

The People of the State of New York, Appellant, v. John J. Phelan, Respondent.

Headnote

Appeal — stipulation to withdraw — motion to dismiss appeal granted.

People v. Phelan, 218 App. Div. 849 , appeal dismissed.

(Submitted October 3, 1927;

decided October 11, 1927.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1926, which reversed a judgment of the Nassau County Court rendered

p. 539

upon a verdict convicting the defendant of the crime of grand larceny in the first degree.

The motion was made upon the ground that the appeal had been withdrawn by stipulation.

Elvin N. Edwards, District Attorney, for motion.

No one opposed.

Motion granted and appeal dismissed.