Opinion
December 7, 1961
Upon the application of the appellant, appeal dismissed. All concur, Halpern, J., in the following memorandum: The appellant's motion for leave to prosecute as a poor person the present appeal from the order denying his application for resentence was denied by this court ( 14 A.D.2d 513), because the point sought to be raised had been fully disposed of by People ex rel. Rapacki v. Martin ( 5 N.Y.2d 899, affg. 6 A.D.2d 757). Other aspects of the appellant's attack upon the resentence have been heretofore reviewed by this court upon a separate appeal by the appellant, which the appellant was allowed to prosecute upon the original papers in the County Clerk's file and in which counsel was assigned to him ( 14 A.D.2d 725).