Opinion
Submitted September 24, 1968
Decided September 26, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Carl A. Vergari, District Attorney ( B. Anthony Morosco of counsel), for respondent.
Samuel Boxer for appellant.
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.