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PEOPLE v. MILLER

23 A.D.2d 700 (1965)

The People of the State of New York, Respondent, v. Theodore Miller, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 29, 1965

Appeal dismissed.

The defendant's motion was made in connection with pending resentence proceedings, and was predicated upon the allegation that his original plea of guilty was induced by a promise that he would receive a suspended sentence which was tantamount to an acquittal. An order denying a motion upon resentence is not appealable (People v. Horne, 18 A.D.2d 695) except as it forms part of a judgment roll on appeal...

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