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PEOPLE v. ROBERTS

79 Misc.2d 243 (1974)

The People of the State of New York, Appellant, v. James J. Roberts, Respondent.

Supreme Court, Appellate Term, Second Department.

April 2, 1974

Attorney(s) appearing for the Case

George J. Aspland, District Attorney, and Francis W. Rhinow, Acting District Attorney (Jerold E. Nemetz and Kevin J. Crowley of counsel), for appellant. John F. Middlemiss (Leon J. Kesner of counsel), for respondent.

Concur — HOGAN, P. J., PITTONI and FARLEY, JJ.

MEMORANDUM.

Appeal from judgment after trial, dismissing the information, is unanimously dismissed on the law.

No appeal may be had by the People from the judgment entered after trial herein, which was not a trial order of dismissal. (See opinion of court below, 73 Misc.2d 500.) The question of whether the sawed-off shotgun in defendant's possession was of a size which may...

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