Majority
p. 656The People of the State of New York, Respondent, v Manuel Rivera, Appellant.
Appeal by defendant from an order of the Supreme Court, Kings County (Vetrano, J.), dated November 29, 1979, which denied his application to be resentenced pursuant to section 60.09 of the Penal Law. Appeal dismissed. No appeal lies from an order denying a motion for resentence pursuant to section 60.09 of the Penal Law (see People v De Jesus, 54 NY2d 447 ; People v Stephens, 55 NY2d 778 ). Damiani, J. P., Gibbons, O’Connor and Boyers, JJ., concur.
Cases cited
- People v. De Jesus 54 NY2d 447 p. 656
- People v. Stephens 55 NY2d 778 p. 656