Opinion
October 26, 1970
Appeal by the People from an order of the Supreme Court, Suffolk County, dated September 5, 1969, dismissed. No appeal lies from an order purporting to dismiss a charge of violation of probation and to vacate a warrant for a defendant's arrest as a probation violator. (See Code Crim. Pro., § 518.) If we were not dismissing the appeal we would reverse the order since a charge of violation of probation is not in our opinion an "untried indictment, information or complaint" within the meaning of section 669-a of the Code of Criminal Procedure. Christ, P.J., Rabin, Munder, Kleinfeld and Benjamin, JJ., concur.