People v. Austin ( 1969 )

Appeal from an order of the Supreme Court, Kings County, dated October 2, 1967, dismissed. An order denying a motion for resentence is not appealable (People v. Brown, 26 A D 2d 779). However, we have considered the merits of defendant’s contentions, and, if we were not dismissing the appeal, we would affirm the order. Beldoek, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.