SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
September 11, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
SAMUEL E. MCDOWELL, APPELLANT
Herlihy, J. P., Reynolds, Aulisi, Staley, Jr., and Cooke, JJ., concur.
Motion to dismiss appeal granted upon the ground that no appeal lies from an order denying a certificate of reasonable doubt. (See Matter of Epps v. Supreme Court, 19 A.D.2d 807
, mot. for lv. to app. den. 13 N.Y.2d 599, mot. for rearg. den. 13 N.Y.2d 1185; People ex rel. Epton v. Nenna, 25 A.D.2d 518
, mot. for lv. to app. withdrawn 17 N.Y.2d 422.)
Motion to add appeal to September Term Calendar denied as academic.
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