¶1Appeal from an order of the Supreme Court, Kings County, dated September 15, 1970, which denied, without a hearing, appellant’s *589application for resentenee. Appeal dismissed. Such an order is not appealable. We have, nevertheless considered the merits, and if the appeal were not being dismissed, we would affirm the order. The 1944 conviction was not a youthful offender incident. Munder, Acting P. J., Martuseello, Latham, Gulotta and Christ, JJ., concur.
39 A.D.2d 588
People v. Jeter
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 1972
Appellate Division of the Supreme Court of the State of New York · decided 1972-04-17
Decided 1972-04-17