
    The People of the State of New York, Respondent, v. Frank H. Kellerman, Appellant.
   Application for permission to proceed as a poor person and assignment of counsel upon appeal from an order of the Supreme Court, Albany County, entered January 26, 1966, denying a motion to vacate indictment denied, on the ground that no appeal lies to this court from such order. (Code Crim. Pro., § 517.)

Gibson, P. J>, Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.  