Majority
p. 644The People of the State of New York, Respondent, v Jimmie Nieves, Appellant.
— Appeal by defendant from an order of the Supreme Court, Queens County (Lonschein, J.), dated August 26, 1980, which denied his motion, pursuant to subdivision a of section 60.09 of the Penal Law, to be resentenced. 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 ). Mangano, J. P., Weinstein, Brown and Niehoff, JJ., concur.
Cases cited
- People v. De Jesus 54 NY2d 447 p. 644