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The People of the State of New York v. Joseph Buto
There is no appeal from an order denying a motion for resentence except as it may form part of the judgment roll on an appeal from the judgment of conviction. (People v. Gersewitz, 294 N. Y. 163, 168, 169; People v. Mellon, 261 App. Div. 400, 401.) The matter is one that might properly appeal to the discretion of the State Parole Commission. Appeal unanimously dismissed. Present — Martin, P. J., Townley, Glennon, Dore and Cohn, JJ.