Majority
p. 686The People of the State of New York, Respondent, v. Hans Schmidt, IV, Appellant. Submitted November 12,1968; decided November 14, 1968.
Motion to dismiss the appeal granted and the appeal dismissed upon the ground that no appeal lies as of right (Code Grim. Pro., § 520). The notice of appeal, however, will be treated as an application made pursuant to section 520 of the Code of Criminal Procedure.