Opinion
May 3, 1983
Application for permission to proceed as a poor person and for assignment of counsel on appeal from an order denying defendant's application for resentencing pursuant to section 60.09 Penal of the Penal Law. Application denied and appeal dismissed, sua sponte, upon the ground that the order is not appealable (see People v De Jesus, 54 N.Y.2d 447). Mahoney, P.J., Sweeney, Main, Mikoll and Levine, JJ., concur.