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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CHARLES STAGER, Respondent.

Appeals unanimously dismissed. Memorandum: A notice of appeal from the February 18, 1986 decision order of County Court was not timely filed. The decision order of the court on the motion to reargue was not a superseding order because the People raised no new facts and included no additional affidavits or other proof (see, People v Brooks, 54 A.D.2d 333, 337; People v Caruso, 37 A.D.2d 532). No appeal lies from the denial of a motion to reargue (People v Shorts, 33 A.D.2d 1040). Were we to reach the merits, we would affirm.

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PEOPLE v. STAGER
(Nov 10, 1986)