Majority
p. 906(March 14, 1972) The People of the State of New York, Respondent, v. Pablo Gonzalez, Appellant.
Appeal from the order, Supreme Court, Bronx County, entered August 25, 1970, denying without a hearing defendant’s motion for a new trial is dismissed. No appeal lies from an order denying a motion for a new trial based on newly discovered evidence (People v. Greene, 24 A D 2d 848 ). Were not the appeal dismissed, the order would be affirmed on the merits. Concur — Nunez, J. P., Kupferman, McNally and Tilzer, JJ.