Majority
p. 949The People of the State of New York, Respondent, v. Edward McCarthy, Appellant.
Appeal from an order of the Supreme Court, Kings County, dated February 18, 1966, dismissed. No appeal lies from an order denying a motion for resentence (People v. Kadin, 23 A D 2d 699 ). Nevertheless, we have considered defendant’s contentions and, if the appeal were to be determined on the merits, we would affirm. Beldock, P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.