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PEOPLE v. DUNSTON

38 N.Y.2d 986 (1976)

The People of the State of New York, Respondent, v. Edward T. Dunston, Jr., Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1976.

Renewed motion for an extension of time within which to serve and file a notice of appeal pursuant to CPL 460.10 (subd 5, par [b]) denied. It does not appear from the present submission that there exists either a "persisting" or "substantial" ground for review on the merits, the showing of both of which is required in order to prevail on the present motion. (People v Sher, 35 N.Y.2d 310, 311.) It is not sufficient that leave to appeal...

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