Appeal by defendant from an order of the Supreme Court, Queens County, entered October 5, 1964, which denied without a hearing his application to vacate his prior sentence as a second felony offender, and to be resentenced as a first felony offender. Appeal dismissed. An order denying such an application is not appealable (Code Crim. Pro., § 517). However, we have examined the record and have considered defendant's contentions; and, if we did not dismiss the appeal, we would have affirmed the order in any event. (For prior related decisions, see 18 A.D.2d 1103 and 34 Misc.2d 408.) Ughetta, Acting P.J., Christ, Brennan, Hill and Rabin, JJ., concur.