Opinion
December 5, 1983
Appeal by defendant from an order of the Supreme Court, Kings County (Pincus, J.), rendered October 12, 1979, which denied his application to be resentenced pursuant to section 60.09 Penal of the Penal Law. Appeal dismissed. No appeal lies from an order denying a motion for resentence pursuant to section 60.09 Penal of the Penal Law (see People v. De Jesus, 54 N.Y.2d 447, mot for rearg den 55 N.Y.2d 1038; People v. Stephens, 55 N.Y.2d 778; People v. Campolo, 92 A.D.2d 872; People v. Nieves, 91 A.D.2d 644; People v. Rivera, 87 A.D.2d 656). Titone, J.P., Gibbons, O'Connor and Rubin, JJ., concur.