
    The People of the State of New York, Appellant, v Jack Washington, Respondent.
    (Appeal No. 1.)
    [795 NYS2d 915]
   Appeal from an order of the Monroe County Court (Stephen K. Lindley, A.J.), dated November 1, 2004. The order granted defendant’s motion to vacate a judgment of conviction pursuant to CPL 440.10 and granted a new trial.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Martoche, J.E, Smith, Lawton and Hayes, JJ.  