People v. Walker

37 A.D.2d 863 | N.Y. App. Div. | 1971

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.