Opinion
October, 1910.
Present — Ingraham, P.J., Clarke, Scott, Miller and Dowling, JJ.
The appeal should be dismissed upon the ground that no appeal lies from such an order in a criminal case, but the question must be presented on the appeal from the final judgment. ( Matter of Montgomery, 126 App. Div. 72; 193 N.Y. 659.)
Appeal dismissed.