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People v. Batalias

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1970
35 A.D.2d 740 (N.Y. App. Div. 1970)

Opinion

October 26, 1970


Appeal by the People from an order of the Supreme Court, Suffolk County, dated September 5, 1969, dismissed. No appeal lies from an order purporting to dismiss a charge of violation of probation and to vacate a warrant for a defendant's arrest as a probation violator. (See Code Crim. Pro., § 518.) If we were not dismissing the appeal we would reverse the order since a charge of violation of probation is not in our opinion an "untried indictment, information or complaint" within the meaning of section 669-a of the Code of Criminal Procedure. Christ, P.J., Rabin, Munder, Kleinfeld and Benjamin, JJ., concur.


Summaries of

People v. Batalias

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1970
35 A.D.2d 740 (N.Y. App. Div. 1970)
Case details for

People v. Batalias

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PETER BATALIAS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 26, 1970

Citations

35 A.D.2d 740 (N.Y. App. Div. 1970)

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