PEOPLE v. BATALIAS


35 A.D.2d 740 (1970)

The People of the State of New York, Appellant, v. Peter Batalias, Respondent

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

October 26, 1970


No appeal lies from an order purporting to dismiss a charge of violation of probation and to vacate a warrant for a defendant's arrest as a probation violator. (See Code Crim. Pro., § 518.) If we were not dismissing the appeal we would reverse the order since a charge of violation of probation is not in our opinion an "untried indictment, information or complaint" within the meaning of section 669-a of the Code of Criminal...

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