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PEOPLE v. O'NEILL

45 A.D.2d 1038 (1974)

The People of the State of New York, Appellant, v. Harold O'Neill, Respondent

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

July 29, 1974

Appeal dismissed.

No such order is printed in the record, and no appeal lies from a decision. Moreover, the People may appeal as of right from a trial order of dismissal only if it has been entered pursuant to CPL 290.10 or 360.40 (cf. CPL 450.20, subd. 2). Here the jury was unable to agree upon a verdict, and the court dismissed it pursuant to CPL 310.60, which provides that upon retrial in such case the indictment is deemed to contain all the counts which...

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