People v. Walker
326 N.Y.S.2d 715
N.Y. App. Div.
1971
Check Treatment

Appeal by defendant from an order of the Supreme Court, Kings County, dated June 4,1970, which denied his motion for resentence. Appeal dismissed. An order denying a motion for resentenee is not appealable. (People v. Taranow, 28 A D 2d 562.) We have nevertheless considered the appeal on its merits and, were we not dismissing the appeal, we would affirm *864the order. Munder, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.