PEOPLE v. HOLMES

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). Beldock, P.J., Ughetta, Rabin, Benjamin and Munder, JJ., concur.