Majority
p. 505The People of the State of New York, Respondent, v. John James, Also Known as Otmar Abrahamsen, Appellant.
Motion by the People, upon notice to the appellant, to dismiss his appeal from an order of the Supreme Court, Queens County, dated January 12, 1965, denying his motion to suppress evidence. Motion granted; appeal dismissed. The order is not appealable; it may be reviewed only upon an appeal from the judgment of conviction (Code Grim. Pro., §§ 517, 813-c). Motion by appellant for leave to appeal as a poor person and for assignment of counsel, dismissed as academic. Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.