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PEOPLE v. LALLY

19 N.Y.2d 27 (1966)

The People of the State of New York, Respondent, v. Sylvester Lally, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

David Noah Fields for appellant.

Nat H. Hentel, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Thomas P. Dorsey, Samuel A. Hirshowitz and Amy Juviler of counsel), for respondent.

Opinion by Chief Judge DESMOND. All concur, Judge VAN VOORHIS concurring for reversal in a separate opinion in which Judge SCILEPPI also concurs.

Chief Judge DESMOND.

This appeal brings us two questions: first, as to whether the order appealed from, entitled in this criminal cause, is appealable here since it is not one of the orders listed as appealable in section 517 of the Code of Criminal Procedure. The Appellate Division treated the application as beginning a civil special proceeding and this, we hold, was correct (see Code Crim. Pro., § 454,...

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