SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
April 21, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
OTIS AUSTIN, APPELLANT
Appeal from an order of the Supreme Court, Kings County, dated October 2, 1967, dismissed.
Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.
An order denying a motion for resentence is not appealable (People v. Brown, 26 A.D.2d 779). However, we have considered the merits of defendant's contentions, and, if we were not dismissing the appeal, we would affirm the order.
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