Appellate Division of the Supreme Court of New York, 1971

People v. Walker

People v. Walker
Appellate Division of the Supreme Court of New York · Decided October 26, 1971
37 A.D.2d 863; 326 N.Y.S.2d 715; 1971 N.Y. App. Div. LEXIS 3222
People v. Walker

Opinion of the Court

Appeal by defendant from an order of the Supreme Court, Kings County, dated June 4,1970, which denied his motion for resentence. Appeal dismissed. An order denying a motion for resentenee is not appealable. (People v. Taranow, 28 A D 2d 562.) We have nevertheless considered the appeal on its merits and, were we not dismissing the appeal, we would affirm *864the order. Munder, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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