People v. Walker

27 A.D.2d 755, 277 N.Y.S.2d 433, 1967 N.Y. App. Div. LEXIS 4762

Opinion

Appeal by defendant from an order of the County Court, Suffolk County, dated October 8, 1965, which denied, without a hearing, an application to set aside the decision of the trial court on a Huntley hearing and to reopen the same for the purpose of obtaining the testimony of the complainant. Appeal dismissed. Such an order is not separately appealable (see Code Crim. Pro., § 517; People v. Farina, 2 A D 2d 776, affd. 2 N Y 2d 454; People v. Giordano, 9 A D 2d 780). We have, nevertheless, examined the merits and, if we were not dismissing the appeal, we would affirm the order. [For prior related proceedings, see People v. Walker, 22 A D 2d 927; 24 A D 2d 1079; People v. Smith, 22 A D 927; 23 A D 2d 693,] Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.