Opinion
April 17, 1967
Appeal from order of the Supreme Court, Queens County, dated September 30, 1966, dismissed. An order denying a motion for resentence is not appealable ( People v. Soviero, 27 A.D.2d 548). We have considered the merits, however, and if we were not dismissing the appeal we would have affirmed the order (Penal Law, § 1941). Ughetta, Acting P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.