Majority
p. 970The People of the State of New York, Respondent, v. Sam Jiggetts, Appellant.
Order of the Supreme Court, Kings County, dated May 17,1967, affirmed. No opinion. Appeal from order of the Supreme Court, Kings County, dated July 11, 1967, dismissed. An order denying a motion for reargument is not appealable. Order of the Supreme Court, Kings County, dated October 24, 1967, affirmed. Contrary to the People’s argument, an order denying a motion for resentence pursuant to section 1943 of the former Penal Law is appealable (People v. Machado, 17 N Y 2d 440 ; People v. Jones, 25 A D 2d 675 ). Accordingly, we have determined this appeal on the merits. Christ, P. J., Rabin, Hopkins and Munder, JJ., concur. (Beldock, P. J., deceased.)
Cases cited
- People v. Machado 17 N Y 2d 440 p. 970
- People v. Jones 25 A D 2d 675 p. 970