People v. Holmes ( 1967 )

Appeal from an order of the Supreme Court, Kings County, dated October 1, 1965, dismissed. An order denying a motion for resentence is not appealable (People v. Brown, 26 A D 2d 779). However, we have examined the record and considered, defendant’s contention; and, if we did not dismiss the appeal, we would have affirmed the order (People v. Gross, 5 N Y 2d 131; People v. Sullivan, 3 N Y 2d 196). Beldoek, P. J., Ughetta, Rabin, Benjamin and Munder, JJ., concur.