Opinion
October 5, 1970
Appeal by defendant from an order of the Supreme Court, Kings County, dated December 3, 1968, which denied his motion for resentence. Appeal dismissed. Defendant alleges he was not given the allocution required by section 480 of the Code of Criminal Procedure at the time he was sentenced and that for that reason is entitled to vacatur of the sentence and to a resentence. The order denying that relief is not appealable ( People v. Kadin, 23 A.D.2d 699; People v. Soviero, 27 A.D.2d 548). If the application were deemed as one in coram nobis, it would not be available for an alleged noncompliance with section 480 ( People v. Sullivan, 3 N.Y.2d 196; People v. Kadin, supra; People v. Soviero, supra). In any event, we have examined the record, and the Clerk's minutes refute defendant's contention. Hence, if we were not dismissing the appeal, we would affirm the order. Christ, P.J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur.