Motion by the People to dismiss the appeal from an order of the County Court, Westchester County, dated July 10, 1978, and cross motion by the defendant for leave to appeal from said order. Motion granted and cross motion denied. The issue which the defendant wishes to raise in connection with this order has been considered by this court in connection with his appeal from the judgment of conviction, which appeal is decided herewith. Suozzi, J. P., Rabin, Shapiro and O’Connor, JJ., concur.