Opinion
November 25, 1940.
Appeal from County Court of Richmond County.
Upon appeal to this court, the judgment of conviction was unanimously affirmed ( People v. Bellach, 246 App. Div. 639), the present question not being raised upon that appeal. Appeal dismissed, upon the ground that the order is not appealable. (Code Crim. Proc. §§ 466, 517 and 520.) In any event, the case was properly decided on the merits. Lazansky, P.J., Johnston, Adel, Taylor and Close, JJ., concur.