PEOPLE v. COTTICELLI


278 A.D. 848 (1951)

The People of the State of New York, Appellant, v. Concettina Cotticelli, Alias Jennie Varone, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 21, 1951.


The motion was made more than thirty days after imposition of sentence and after sentence was executed or partially executed. We construe the order as neither vacating nor amending the judgment of sentence but as merely granting a motion to make a recommendation against deportation and, as such, is not appealable.

Motion to dismiss appeal, renewed by permission on the argument of the appeal, granted and appeal...

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