Opinion
March 14, 1972
Appeal from the order, Supreme Court, Bronx County, entered August 25, 1970, denying without a hearing defendant's motion for a new trial is dismissed. No appeal lies from an order denying a motion for a new trial based on newly discovered evidence ( People v. Greene, 24 A.D.2d 848). Were not the appeal dismissed, the order would be affirmed on the merits.
Concur — Nunez, J.P., Kupferman, McNally and Tilzer, JJ.