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PEOPLE v. KVALHEIM

17 N.Y.2d 510 (1966)

The People of the State of New York, Appellant, v. Nils Kvalheim, Respondent.

Court of Appeals of the State of New York.

Decided January 20, 1966.

Attorney(s) appearing for the Case

Aaron E. Koota, District Attorney (Michael Schwartz of counsel), for appellant.

Edward O. Howard and Anthony F. Marra for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.

Order affirmed. Dismissal of the complaint (instead of remission for a new arraignment) was proper here since defendant had already served his sentence of imprisonment (People v. Witenski, 15 N.Y.2d 392). Since appellant appeals from that part only of the order which dismisses the complaint we make no determination as to the correctness of so much of the Appellate Term decision as holds that defendant was not properly informed...

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