
    (March 14, 1972)
    The People of the State of New York, Respondent, v. Pablo Gonzalez, Appellant.
   Appeal from the order, Supreme Court, Bronx County, entered August 25, 1970, denying without a hearing defendant’s motion for a new trial is dismissed. No appeal lies from an order denying a motion for a new trial based on newly discovered evidence (People v. Greene, 24 A D 2d 848). Were not the appeal dismissed, the order would be affirmed on the merits. Concur — Nunez, J. P., Kupferman, McNally and Tilzer, JJ.  