Opinion
Argued January 15, 1968
Decided January 18, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PAUL J. KELLY, J.
Matthew Muraskin and James J. McDonough for appellants.
William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.
In the first above-entitled action: Order dismissing the appeal reversed and case remitted to the Appellate Division on the ground that the adjudication revoking probation and imposing sentence constitutes an amended judgment appealable under section 517 of the Code of Criminal Procedure. ( People v. Oskroba, 305 N.Y. 113; see People v. Williams, 6 N.Y.2d 193.)
In the second above-entitled action: Order dismissing the appeal reversed and case remitted to the Appellate Term on the ground that the adjudication revoking probation and imposing sentence constitutes an amended judgment appealable under section 517 of the Code of Criminal Procedure. ( People v. Oskroba, 305 N.Y. 113; see People v. Williams, 6 N.Y.2d 193.)
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.