Opinion
January 27, 1969
Appeal from an order of the Supreme Court, Kings County, dated June 22, 1967, dismissed. An order denying a motion for resentence is not appealable ( People v. Holmes, 27 A.D.2d 843). However, we have examined the record and considered defendant's contention; and, if we were not dismissing the appeal, we would have affirmed the order ( People v. Wilson, 17 N.Y.2d 40). Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.