PEOPLE v. BATALIAS

Appeal by the People from an order of the Supreme Court, Suffolk County, dated September 5, 1969, dismissed. No appeal lies from an order purporting to dismiss a charge of violation of probation and to vacate a warrant for a defendant's arrest as a probation violator. (See Code Crim. Pro., § 518.) If we were not dismissing the appeal we would reverse the order since a charge of violation of probation is not in our opinion an "untried indictment, information or complaint" within the meaning of section 669-a of the Code of Criminal Procedure. Christ, P.J., Rabin, Munder, Kleinfeld and Benjamin, JJ., concur.