Opinion
February 7, 1972
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 21, 1970 on resentence, nunc pro tunc as of January 13, 1954. Judgment affirmed. At the time of resentence, appellant was denied a hearing on his claim that he had been denied the right to appeal from an earlier conviction. That decision was correct ( People v. Lynn, 28 N.Y.2d 196). Martuscello, Acting P.J., Shapiro, Gulotta, Christ and Benjamin, JJ., concur.