Opinion
November 17, 1967
Appeal by the defendant from an order of County Court, St. Lawrence County, remitting a criminal fine imposed on the defendant to the time already served in prison. If there was a question as to the validity of the original sentence imposing the fine, it does not appear that the defendant herein moved to vacate the judgment and the order was granted pursuant to his petition for remittance in compliance with section 484 of the Code of Criminal Procedure. The instant proceeding did not result in a new judgment of conviction nor is it in the nature of a motion for resentencing. Under section 517 of the Code of Criminal Procedure an appeal does not lie from an order entered in a proceeding such as was had herein and, accordingly, the appeal must be dismissed. Appeal dismissed. Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.