PEOPLE v. DECKER, 34 N.Y.2d 565 (1974)

354 N.Y.S.2d 942, 310 N.E.2d 539

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS DECKER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MADRID, Appellant.

Court of Appeals of the State of New York.Submitted December 10, 1973
Decided February 22, 1974

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK D. O’CONNOR, J.

John E.H. Stackhouse and William Gallagher for motion.

No one opposed.

Motion dismissed as academic.

On the court’s own motion, appeal dismissed, upon the ground that the orders appealed from are orders entered in a criminal action and are not orders of the type specified as appealable to the Court of Appeals under CPL 450.90, and upon the further ground that no certificate granting leave to appeal has been granted pursuant to CPL 460.20. Appellants’ remedy may be by way of habeas corpus.

Page 566

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