Opinion
Submitted September 24, 1968
Decided October 10, 1968
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ORMAND N. GALE, J.
Frank A. Gualtieri, Jr., District Attorney ( Jon K. Holcombe of counsel), for motion.
No one opposed.
Motion granted and appeal dismissed upon the ground that no appeal lies as of right (Code Crim. Pro., § 520). The notice of appeal, however, will be treated as an application made pursuant to section 520 of the Code of Criminal Procedure.