
    The People of the State of New York, Respondent, v. Kenneth Dudley, Appellant.
    Submitted September 24, 1968;
    decided October 10, 1968.
    
      Frank A. Gualtieri, Jr., District Attorney (Jon K. Holcombe of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed upon the ground that no appeal lies as of right (Code Crim. Pro., § 520). The notice of appeal, however, will be treated as an application made pursuant to section 520 of the Code of Criminal Procedure.  