
    The People of the State of New York, Respondent, v. C. Judson Kirk, Appellant.
    
      Appeal — failure to serve appeal papers — motion to dismiss appeal granted.
    
    
      People v. Kirk, 216 App. Div. 800, appeal dismissed.
    (Submitted February 21, 1927;
    decided March 1, 1927.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 23,1926, which affirmed a judgment of the Court of General Sessions in the county of New York, rendered upon a verdict convicting the defendant of the crime of rape in the second degree.
    The motion was made upon the ground that the printed papers on appeal had not been served within the time required by section 536 of the Code of Criminal Procedure.
    
      
      Joab H. Banton, District Attorney (Edwin B. McGuire of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed.  