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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR AVILA, Appellant.

Appeal from order of the Supreme Court, Bronx County, entered on June 9, 1969, denying defendant's motion to vacate a judgment of the Supreme Court rendered October 26, 1967, dismissed ( People v. Del Rio, 14 N.Y.2d 165).

Concur — Stevens, P.J., Capozzoli, Nunez and McNally, JJ.

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PEOPLE v. AVILA
(Jan 19, 1971)