PEOPLE v. HERNANDEZ


255 A.D.2d 112 (1998)

681 N.Y.S.2d 488

The People of the State of New York, Appellant, v. Angel Hernandez, Respondent

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

November 5, 1998


We conclude that the People abandoned their appeal from the court's original order and that their motion to reargue was untimely. Although the People took a timely appeal (CPL 460.10) by filing and serving a timely notice of appeal from the court's August 2, 1996 order granting defendant's CPL 440.10 motion to vacate the underlying judgment of conviction for nondisclosure of Rosario material, they subsequently sought and obtained several adjournments of the prospective...

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