People v. Newberns

Appeal from "judgment” of Supreme Court, New York County, rendered November 12, 1976, unanimously dismissed, without costs. Application by appellant’s counsel to withdraw is granted. (See Anders v California, 386 US 738; People v Saunders, 52 AD2d 833.) Assuming, arguendo, that this is an appeal denying appellant’s application for a writ of habeas corpus, the appeal must be dismissed since no judgment was ever entered. The application was, in point of fact, treated by the court as one for reargument of earlier motions brought by appellant in the criminal proceeding and denied. Appeals may be…