People v. O'Neal

Appeal by defendant from an order of the Supreme Court, Suffolk County (Jaspan, J.), dated November 28, 1979, which denied his application to be resentenced pursuant to section 60.09 of the Penal Law. Appeal dismissed. No appeal lies from an order denying a motion for resentence pursuant to section 60.09 of the Penal Law (see People v De Jesus, 55 NY2d 828; People v Stephens, 55 NY2d 778). Gulotta, J. P., Thompson, Brown and Niehoff, JJ., concur