People v. Trentacosta — 248 N.Y. 599

Majority

p. 599

The People of the State of New York, Respondent, v. Pasquale Trentacosta, Appellant.

Headnote

Appeal —failure to serve record and points — appeal dismissed.

People v. Trentacosta, 222 App. Div. 774 , appeal dismissed.

(Submitted June 4, 1928;

decided June 12, 1928.)

Motion to dismiss an appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 23, 1927, which dismissed an appeal from a judgment of Queens County Court convicting the defendant of the crimes of robbery in the first degree, grand larceny and assault in the second degree as a second offense.

The motion was made upon the ground that defendant had failed to serve the printed record and points on appeal.

p. 600

Richard S. Newcombe, District Attorney (Thomas F. Thornton of counsel), for motion.

No one opposed.

Motion granted and appeal dismissed.