Majority
p. 969The People of the State of New York, Respondent, v. Joseph Buto, Appellant.
There is no appeal from an order denying a motion for resentence except as it may form part of the judgment roll on an appeal from the judgment of conviction. (People v. Gersewitz, 294 N. Y. 163 , 168, 169; People v. Mellon, 261 App. Div. 400 , 401.) The matter is one that might properly appeal to the discretion of the State Parole Commission. Appeal unanimously dismissed. Present — Martin, P. J., Townley, Glennon, Dore and Cohn, JJ.
Cases cited
- People v. Gersewitz 294 N. Y. 163 at 168, 169 p. 969