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PEOPLE STATE NEW YORK v. WILLIAM FAGAN (06/30/69)

June 30, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
WILLIAM FAGAN, APPELLANT



Appeal from an order of the Supreme Court, Kings County, dated October 11, 1967, dismissed.

Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

We construe defendant's motion as one for resentence. As such, the order denying the motion is not appealable (People v. Machado, 18 A.D.2d 1103; People v. Noor, 31 A.D.2d 524). We have nevertheless considered the motion on its merits and, were we not dismissing this appeal, we would affirm the order.

19690630

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