People v. White

Motion by the District Attorney to reverse summarily the trial court order of March 15, 1976, which, on defendant’s motion, reduced the conviction for robbery in the first degree to robbery in the second degree (see 86 Misc 2d 803), and to reinstate the original conviction (see People v Rodriguez, 52 AD2d 781; People v Cwikla, 54 AD2d 80), denied without prejudice. This is an appeal by the People from an intermediate order. Such an appeal does not, as a general rule, survive the entry of the final judgment. (See Jema Props. v Mc Leod, 51 AD2d 702.) The defendant has appealed from the final…