People v. Whalen

31 A.D.2d 769 Court N.Y. App. Div. Decision date 1969-01-27 English

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Majority

p. 769

The People of the State of New York, Respondent, v. Johh P. Whalen, Appellant.

Appeal by defendant from an order of the 'Supreme Court, Richmond County, dated March 1, 1968, denying his application which was treated by said court as a motion to modify defendant’s sentence imposed by said court on J une 27,1967. Appeal 'dismissed. Such an order is not appeal-able. (People v. Holmes, 27 A D 2d 843 ). Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.