PEOPLE v. McINTYRE


32 A.D.2d 641 (1969)

The People of the State of New York, Respondent, v. Van McIntyre, Appellant

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

May 5, 1969


Appeal dismissed as academic. Subsequent to the entry of the order, and on June 24, 1968, the said judgment was vacated in another proceeding and defendant was resentenced nunc pro tunc as of May 5, 1965, thus superseding the original judgment.

The superseding judgment is now the subject of a pending appeal. However, we have considered the merits of the appeal and if it were not being dismissed, we would affirm the order for lack of merit...

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