Opinion
November 16, 1959
Present — Nolan, P.J., Wenzel, Beldock, Murphy and Ughetta, JJ.
Appeal from a judgment of the County Court, Kings County, rendered February 18, 1958, sentencing appellant to serve from 2 1/2 to 5 1/2 years, as a second felony offender, after he had been found guilty by a jury of being an accessory to a felony (Penal Law, § 2). The notice of appeal dated February 19, 1958 states that appeal is also taken from "all the objections and exceptions and motions made during the Trial and from all other intermediate orders made in this proceeding." An order, entered January 26, 1959, denying appellant's motion for a new trial on the ground of newly discovered evidence, is printed in the record. Judgment unanimously affirmed. (See People v. Maimone, 9 A.D.2d 780.) No separate appeal lies from the objections, the exceptions or the intermediate orders, which, including the order denying the motion for a new trial on the ground of newly discovered evidence, have been reviewed on the appeal from the judgment of conviction.