People v. Matthew ( 1969 )

— Appeal by defendant from a judgment of resentenee of the Supreme Court, Kings County, rendered May 12, 1967 upon a conviction of murder in the first degree, upon a jury verdict, resentencing him nunc pro time as of April 7, 1947. Judgment affirmed. Defendant’s claim of an illegal search and seizure is not cognizable (People v. Friola, 11 N Y 2d 157; People v. Muller, 11 N Y 2d 154; cf. People v. Spero, 25 A D 2d 882). Beldoek, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.