Opinion
Submitted May 26, 1969
Decided June 5, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CARMINE J. MARASCO, J.
Gretchen White Oberman for motion.
Eugene Gold, District Attorney ( Aaron Nussbaum of counsel), opposed.
Motion granted and the appeal dismissed upon the ground that the order appealed from is not reviewable by the Court of Appeals. (See People v. Mendola, 2 N.Y.2d 270, 274; People v. Rossi, 11 N.Y.2d 787, 788; see, also, Cohen and Karger, Powers of the New York Court of Appeals, p. 754.)