Opinion
November 17, 1958
Present — Nolan, P.J., Wenzel, Murphy, Ughetta and Hallinan, JJ.
Motion to dismiss appeal on the grounds (1) that the appeal is from an order and not from a judgment, and (2) that no appeal lies from a judgment on a demurrer dismissing one or more, but not all, counts of an indictment, renewed by permission on the argument of the appeal. Renewed motion denied. (See People v. Rossi, 7 A.D.2d 648.)