People v. Austin

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTIS AUSTIN, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 21, 1969

32 A.D.2d 555 (N.Y. App. Div. 1969)

300 N.Y.S.2d 402

Opinion

April 21, 1969

Appeal from an order of the Supreme Court, Kings County, dated October 2, 1967, dismissed. An order denying a motion for resentence is not appealable ( People v. Brown, 26 A.D.2d 779). However, we have considered the merits of defendant's contentions, and, if we were not dismissing the appeal, we would affirm the order. Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.