Opinion
May 21, 1951.
Appeal from County Court, Queens County.
Present — Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ. [ 198 Misc. 544.] [See post, p. 855.]
The motion was made more than thirty days after imposition of sentence and after sentence was executed or partially executed. We construe the order as neither vacating nor amending the judgment of sentence but as merely granting a motion to make a recommendation against deportation and, as such, is not appealable. Motion to dismiss appeal, renewed by permission on the argument of the appeal, granted and appeal dismissed.