
    The People of the State of New York, Respondent-Appellant, v. Dominic S. Rinaldi, Appellant-Respondent.
    Submitted June 3, 1974;
    decided June 14, 1974.
    Reported below, 44 A D 2d 745.
    
      
      Irwin N. Wilpon for appellant-respondent.
    
      Maurice H. Nadjari, Special State Prosecutor (Stephen E. Powers of counsel), for respondent-appellant.
   Motion by defendant to dismiss the appeal taken as of right by the People granted and said appeal dismissed upon the ground it does not lie as of right (CPL 450.80).

Motion by the People to dismiss the appeal taken by defendant granted and the appeal dismissed upon the ground that no appeal by defendant lies from the order of the Appellate Division entered on defendant’s motion to that court (CPL 450.90).  