
    The People of the State of New York, Respondent, v. Richard Machado, Appellant.
   Appeal by defendant from an order of the Supreme Court, Queens County, entered October 5, 1964, which denied without a hearing Ms application to vacate Ms prior sentence as a second felony offender, and 'to be resentenced as a first felony offender. Appeal dismissed. An order denying such an application is not appealable (Code Grim. Pro., § 517). However, we have examined the record and have considered defendant’s contentions; and, if we did not dismiss the appeal, we would have affirmed the order in any event. (For prior related decisions, see 18 A D 2d 1103 and 34 Mise 2d 408.) Ughetta, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.  