SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
October 20, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
WALTER SHULTS, APPELLANT
Appeal by defendant from an order of the County Court, Nassau County, dated September 10, 1968.
Christ, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.
An order denying a motion for resentence is not appealable. We have, nevertheless, examined appellant's contentions and would have affirmed the order if an appeal were proper.
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