To quote from defendant's affidavit in support of the motion, the application was "addressed to the Court's discretion and mercy." Although the order and the notice of appeal recite that the motion was also to vacate and set aside the judgment of conviction, it was not for any relief other than as above quoted, and it must be regarded only as one for resentencing.
Appeal dismissed. An order denying a motion for resentencing is not appealable. (People v. Mellon...
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