Opinion
December 22, 1969
Appeal by defendant from a judgment of resentence of the Supreme Court, Kings County, rendered May 12, 1967 upon a conviction of murder in the first degree, upon a jury verdict, resentencing him nunc pro tunc as of April 7, 1947. Judgment affirmed. Defendant's claim of an illegal search and seizure is not cognizable ( People v. Friola, 11 N.Y.2d 157; People v. Muller, 11 N.Y.2d 154; cf. People v. Spero, 25 A.D.2d 882). Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.