Majority
p. 645The People of the State of New York, Appellant, v. Albert O. Rossi, Respondent.
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 .) Present—-Nolan, P. J., Wenzel, Murphy, Ughetta and Hallman, JJ.