SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
December 15, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
CHRISTIAN SILVA MONTIERO, APPELLANT
Appeal by defendant, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated February 1, 1968, as, on reargument, adhered to the original decision denying his motion for resentence.
Christ, Acting P. J., Rabin, Benjamin, Martuscello and Kleinfeld, JJ., concur.
No appeal lies from an order denying a motion for resentence. We have, however, examined the merits of the matter and, were we not dismissing the appeal, we would affirm the order insofar as appealed from.
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