Opinion
March 8, 1982
Appeal by defendant from an order of the Supreme Court, Suffolk County (Jaspan, J.), dated November 28, 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, 55 N.Y.2d 828; People v. Stephens, 55 N.Y.2d 778). Gulotta, J.P., Thompson, Brown and Niehoff, JJ., concur