People v. Sokolowski

Appellate Division of the Supreme Court of New York

People v. Sokolowski

32 A.D.2d 952, 303 N.Y.S.2d 1004, 1969 N.Y. App. Div. LEXIS 3440

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 7, 1969

StatusPublished

This text of 32 A.D.2d 952 (People v. Sokolowski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Sokolowski, 32 A.D.2d 952, 303 N.Y.S.2d 1004, 1969 N.Y. App. Div. LEXIS 3440 (N.Y. Ct. App. 1969).

Pincite

Opinion

In a ooram nobis proceeding to vacate a judgment of conviction rendered January 6, 1966 and an amended judgment rendered May 9, 1966, defendant appeals from an order of the County Court, Nassau County, entered September 11, 1968, which denied the application without a hearing. Order affirmed. No opinion.- This court will not consider the second point in appellant’s brief, which is concerned with appellant’s motion for resentence, since no notice of appeal was timely filed by him from the order granting reargument of the original motion for such relief and adhering to the original decision denying the motion. Furthermore, no appeal lies from an order denying a motion for resentence (People v. Miele, 30 A D 2d 539; People v. Holmes, 27 A D 2d 843). Christ, Acting P. J., Benjamin, Munder, Martuscello and .Kleinfeld, JJ., concur.

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In a ooram nobis proceeding to vacate a judgment of conviction rendered January 6, 1966 and an amended judgment rendered May 9, 1966, defendant appeals from an order of the County Court, Nassau County, entered September 11, 1968, which denied the application without a hearing. Order affirmed. No opinion.- This court will not consider the second point in appellant’s brief, which is concerned with appellant’s motion for resentence, since no notice of appeal was timely filed by him from the order granting reargument of the original motion for such relief and adhering to the original decision denying the motion. Furthermore, no appeal lies from an order denying a motion for resentence (People v. Miele, 30 A D 2d 539; People v. Holmes, 27 A D 2d 843). Christ, Acting P. J., Benjamin, Munder, Martuscello and .Kleinfeld, JJ., concur.

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Bluebook (online)

32 A.D.2d 952, 303 N.Y.S.2d 1004, 1969 N.Y. App. Div. LEXIS 3440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sokolowski-nyappdiv-1969.