Majority
p. 823The People of the State of New York, Respondent, v. Samuel Kovner, Appellant.
Appeal by defendant from a judgment of the 'Supreme Court, Kings County, rendered December 1, 1967, which resentenced him nunc pro tunc as of March 18, 1942. Appeal dismissed. The notice of appeal was not timely served (Code Crim. Pro., § 521). We have, nevertheless, considered defendant’s contentions, find them to be without merit and, therefore, would have affirmed the judgment had the appeal been timely taken. Beldoek, P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.