
    The People of the State of New York, Respondent, v. Donald F. Wallace, Appellant.
   Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 30, 1970 on resentence. Appeal dismissed. It appears that no notice of appeal was timely served or filed. In any event, we have examined the merits of the appeal and, had an appeal been taken timely, we would have affirmed the judgment. (See People v. Bennett, 35 A D 2d 1000, affd. 29 N Y 2d 494.) Munder, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.  