¶1Judgment, Supreme Court, Bronx County, rendered on May 23, 1979, unanimously affirmed, without prejudice to an application for resentence to the trial court. We note that the trial court denied the application for resentence because of the appeal pending in this court. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur — Murphy, P. J., Birns, Sandler, Silver-man and Bloom, JJ.
79 A.D.2d 901
People v. Burke
Appellate Division of the Supreme Court of the State of New York
Decided January 6, 1981
Appellate Division of the Supreme Court of the State of New York · decided 1981-01-06
Decided 1981-01-06