Opinion
March 30, 1942.
Appeal from County Court of Nassau County.
Order of the County Court of Nassau County unanimously affirmed. No power to grant the defendant's motion in any phase is resident in the County Court. ( People ex rel. Curtis v. Kidney, 225 N.Y. 299, 301; Code Crim. Proc. §§ 962, 337, 465, subd. 7; Matter of Dodd v. Martin, 248 N.Y. 394, affg. 224 App. Div. 179; People v. Frangipane, 171 Misc. 610.) Appeal from judgment dismissed, as no appeal lies therefrom. Hagarty, Carswell, Adel and Taylor, JJ., concur; Lazansky, P.J., concurs in result.