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People v. Dunston

38 N.Y.2d 986 Court N.Y. Decision date 1976-03-25 English

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p. 986
The People of the State of New York, Respondent, v Edward T. Dunston, Jr., Appellant.
Submitted March 15, 1976;
decided March 25, 1976

Renewed motion for an extension of time within which to serve and file a notice of appeal pursuant to CPL 460.10 (subd 5, par [b]) denied. It does not appear from the present submission that there exists either a "persisting” or "substantial” ground for review on the merits, the showing of both of which is required in order to prevail on the present motion. (People v Sher, 35 NY2d 310 , 311.) It is not sufficient that leave to appeal was previously granted in this particular case.

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