¶1Appeal 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.
37 A.D.2d 863
People v. Walker
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 1971
Appellate Division of the Supreme Court of the State of New York · decided 1971-10-26
Decided 1971-10-26