People v. Rossi , 181 N.Y.S.2d 762 ( 1958 )

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.