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PEOPLE v. SMITH

35 A.D.2d 534 (1970)

The People of the State of New York, Respondent, v. Preston Smith, Appellant

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

July 2, 1970

Motion by respondent to dismiss appeal from judgment of the County Court, Suffolk County, rendered December 23, 1969 upon resentence, on the ground the appeal is moot, appellant having died on April 8, 1970. Respondent's motion granted; appeal from judgment dismissed. Appellant's motion and his appeal from the decision dismissed.

On the court's own motion, the case is remanded to the County Court, Suffolk County, for the...

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