Opinion
May 22, 1967
Appeal from order of the County Court, Suffolk County, dated February 14, 1967, dismissed. An order denying a motion for resentence is not appealable ( People v. Kadin, 23 A.D.2d 699; People v. Sidoti, 1 A.D.2d 232; People v. Sheehan, 4 A.D.2d 143). Nor is there any basis presented at bar for coram nobis relief (cf. People v. Machado, 17 N.Y.2d 440). However, while the questions presented, involving matters allegedly dehors the record and urged in support of modification of the sentence, are not properly within the purview of coram nobis, we have nevertheless considered the merits and reject defendant's contention that they warrant the relief sought. Moreover, there is no order before us for review which would warrant considering defendant's contention that he was entitled to a new trial because he was inadequately represented by counsel, who was subsequently disbarred, and thereby deprived of due process. However, we have also considered the merits of that contention and, were such matter properly before us, we would have found that defendant has failed to establish that the alleged instances of inadequate representation were such as to be tantamount to a deprivation of due process (cf. People v. Lee, 4 A.D.2d 770, affd. 4 N.Y.2d 843, cert. den. 358 U.S. 845; People v. Girardi, 2 A.D.2d 701; People v. Codarre, 285 App. Div. 1087). Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.