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PEOPLE v. FAGAN

32 A.D.2d 844 (1969)

The People of the State of New York, Respondent, v. William Fagan, Appellant

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

June 30, 1969

We construe defendant's motion as one for resentence. As such, the order denying the motion is not appealable (People v. Machado, 18 A.D.2d 1103; People v. Noor, 31 A.D.2d 524). We have nevertheless considered the motion on its merits and, were we not dismissing this appeal, we would affirm...

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