People v. Nieves ( 1982 )

— Appeal by defendant from an order of the Supreme Court, Queens County (Lonschein, J.), dated August 26, 1980, which denied his motion, pursuant to subdivision a of section 60.09 of the Penal Law, to be resentenced. Appeal dismissed. No appeal lies from an order denying a motion for resentence pursuant to section 60.09 of the Penal Law (see People v De Jesus, 54 NY2d 447). Mangano, J. P., Weinstein, Brown and Niehoff, JJ., concur.