
    The People of the State of New York, Respondent, v James R. Frederick, Appellant.
   Application for permission to proceed as a poor person and for assignment of counsel on appeal from an order denying defendant’s application for resentencing pursuant to CPL 420.10 (5). Application denied and appeal dismissed, sua sponte, upon the ground that the order is not appealable (see, People v De Jesus, 54 NY2d 447). Mahoney, P. J., Kane, Casey, Mikoll and Levine, JJ., concur.  