People v. Capobianco

The District Attorney made a motion to dismiss the above appeal on the grounds that the appellant had failed to comply with sections 751 and 761 of the Code of Criminal Procedure.

From the facts stated in the affidavit of Stanley G. Grabicki, Esq., assistant district attorney, it appears that the defendant’s counsel filed a notice of appeal and served the same on Emmet J. Lynch, Esq., then District Attorney of the County of Schenectady, on December 17, 1957 and, on the same date, also filed copies of said notice with the clerk of the Police Court of the City of Schenectady, and the clerk of…