SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
January 27, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
GRANT POOLE, APPELLANT
Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.
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).
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