Opinion
May, 1923.
Motion to dismiss appeal granted on the ground that the decision of the court and the order disallowing the demurrer is an intermediate order or proceeding and not appealable by defendant until after judgment when it may be reviewed on any appeal taken. (Code Crim. Proc. § 517; People v. Wilson, 151 N.Y. 403; People v. Canepi, 181 id. 398; People v. Markham, 114 App. Div. 387; People ex rel. Stabile v. Warden, etc., 202 N.Y. 138, 152.) All concur.