People v. Zerillo

PER CURIAM.

The appeal should be dismissed upon the ground that no appeal lies from such an order in a criminal case, but the ques*1138tion must be presented on the appeal from the final judgment. Matter of Montgomery, 126 App. Div. 72, 110 N. Y. Supp. 793; Id., 193 N. Y. 659, 87 N. E. 1123.