Opinion
December 19, 1986
Present — Dillon, P.J., Callahan, Doerr, Denman and Boomer, JJ. (Order entered Dec. 3, 1986.)
Motion for summary reversal denied. Memorandum: Relief pursuant to People v. Montgomery ( 24 N.Y.2d 130) is no longer available (see, People v. Corso, 40 N.Y.2d 578). Under CPL 450.30 (3), defendant's appeal following resentencing does not bring up for review the judgment of conviction and, hence, it is immaterial that the transcript of the trial testimony is unavailable.