PEOPLE v. RODRIGUEZ


60 A.D.2d 875 (1978)

The People of the State of New York, Respondent, v. Medardo Rodriguez, Appellant

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

January 16, 1978


Appeal from the sentence imposed January 17, 1975 dismissed as academic. That sentence was superseded by the sentence imposed upon resentence. Appeal from the resentence dismissed. Defendant has purported to appeal from the resentence imposed October 23, 1975, but has not filed a timely notice of appeal therefrom.

We decline to treat the notice of appeal from the original judgment as a premature notice of appeal from the resentence (see CPL 460.10, subd 6), since...

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