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People v. Stevenson

23 A.D.2d 856, 259 N.Y.S.2d 256, 1965 N.Y. App. Div. LEXIS 4330
Procedural entryThis page is a short order in People v. Stevenson. Read the opinion of the Court — 23 A.D.2d 472 →
Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1965·Published

Opinion

Appeal by defendant from an order of the 'Supreme Court, Queens County, entered September 18, 1964, which denied without a hearing his application to vacate his prior sentence as a second felony offender, and to be resentenced as a first felony offender. Appeal dismissed. An order denying such an application is not appealable (Code Grim. Pro., § 517; People v. Machado, 23 A D 2d 690). However, we have examined the record and have considered defendant’s conten[857]*857tians; and if we did not dismiss the appeal, we would have affirmed the order in any event (People v. Davis, 21 A D 2d 681). Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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People v. Stevenson, 23 A.D.2d 856, 259 N.Y.S.2d 256, 1965 N.Y. App. Div. LEXIS 4330 (N.Y. Ct. App. 1965).

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