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People v. Decker

34 N.Y.2d 565 Court N.Y. Decision date 1974-02-22 English

Contents

Majority

p. 565
The People of the State of New York, Respondent, v. Thomas Decker, Appellant. The People of the State of New York, Respondent, v. Richard Madrid, Appellant.
Submitted December 10, 1973;
decided February 22, 1974.

Headnote

Reported below, 42 A D 2d 857 .
John E. H. Stackhouse and William Gallagher for motion.
No one opposed.

Motion dismissed as academic.

On the court’s own motion, appeal dismissed, upon the ground that the orders appealed from are orders entered in a criminal action and are not orders of the type specified as appealable to the Court of Appeals under CPL 450.90, and upon the further ground that no certificate granting leave to appeal has been granted pursuant to CPL 460.20. Appellants’ remedy may be by way of habeas corpus.