Majority
p. 664The People of the State of New York, Respondent, v. Aloysius F. Seery, Appellant.
Appeal dismissed. The appeal is from an order of the County Court of Suffolk county, denying a motion to proceed with the trial in the absence of the accused, who was charged with a misdemeanor. Section 356 of the Code of Criminal Procedure, permitting the trial of an absent accused person if he appear by counsel, is not applicable to a case where, as here, the accused is at the time confined in a State institution for the insane by virtue of a legal commitment. Furthermore, the order, being intermediate, is not appealable. Lazansky, P. J., Kapper, Hagarty, Carswell and Scudder, JJ., concur.