People v. Atkins , 29 A.D.2d 667 ( 1968 )

Appeal from order of the County Court, Orange County, dated October 6, 1966, dismissed. Ho matter how denominated, -the application under review sought only resentence; and an order denying such relief without a hearing is not appealable (People v. Mysholowshy, 27 A D 2d 573). However, we have examined the record and have considered appellant’s contentions. If we were not dismissing the appeal, we would affirm the order. Beldock, P. J., Babin, Benjamin, Munder and Martuscello, JJ., concur.