People v. Markham

O’Brien, P. J.:

The appellant was convicted by the Court of Special Sessions of unlawfully operating a motor vehicle in violation of chapter 538 of the Laws of 1904, but the court suspended sentence. Appellant took an appeal from the conviction and the district attorney makes this motion to dismiss the appeal upon the ground that in a criminal action an appeal can only be taken from a judgment and that there is no judgment against the appellant in this action.

Section 750 of the Code of Criminal Procedure provides that from Courts of Special Sessions “ an appeal may be allowed for an erroneous…