Majority
p. 745The People of the State of New York, Respondent, v. Frank Smith, Appellant.
Appeal by defendant from order of the Supreme Court, Kings County, entered December 4, 1970, which denied his motion for resentence. Appeal dismissed. No appeal taken under the former Code of Criminal Procedure lies from an order denying resentence on the ground that it was excessive. However, we have considered appellant’s contentions and, if the appeal were properly before us, we would affirm the order. Hopkins, Acting P. J., Munder, Martuscello, Latham and Shapiro, JJ., concur.