PEOPLE v. ARGENTINE


73 A.D.2d 649 (1979)

The People of the State of New York, Respondent-Appellant, v. Alfred A. Argentine, Appellant-Respondent

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

December 17, 1979


Order dated March 31, 1977 reversed, on the law, and defendant's appeal dismissed.

The County Court was without power to resentence the defendant nunc pro tunc, under the guise of a CPL 440.20 motion, for the sole purpose of permitting him to take a limited de novo appeal from his 1964 judgment of conviction, the appeal from which judgment had been previously dismissed by this court on October 3, 1966 for failure to perfect and the reinstatement of which...

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