People v. Carter

15 A.D.2d 633, 222 N.Y.S.2d 82, 1961 N.Y. App. Div. LEXIS 7325

Opinion

Upon the application of the appellant, appeal dismissed. All concur, Halpern, J., in the following memorandum: The appellant’s motion for leave to prosecute as a poor person the present appeal from the order denying his application for resentenee was denied by this court (14 A D 2d 513), because the point sought to be raised had been fully disposed of by People ex rel. Rapacki v. Martin (5 N Y 2d 899, affg. 6 A D 2d 757). Other aspects of the appellant’s attack upon the resentenee have been heretofore reviewed by this court upon a separate appeal by the appellant, which the appellant was allowed to prosecute upon the original papers in the County Clerk’s file and in which counsel was assigned to him (14 A D 2d 725).