People v. LaRocca 37 A.D.2d 974

— Appeal by defendant from an order of the County Court, Nassau County, dated October 22, 1970, which denied his motion for a new trial (Code Grim. Pro., § 465, subd. 7). Appeal dismissed on the ground that no appeal lies from such an order (Code Crim. Pro., § 517; People v. Palumbo, 282 App. Div. 1059). We have examined the merits and would affirm the order if the appeal were not to be dismissed. Rabin, P. J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.