Majority
p. 1065People v Vell Keith Smithers, Defendant.
Motion to extend time to seek leave to appeal denied as unnecessary. Memorandum: Defendant’s motion for leave to extend his time to move for leave to appeal from the order denying his motion made pursuant to CPL 440.10 is denied as unnecessary. The District Attorney has not served the order upon defendant and until the order is served, defendant’s time to move for leave to appeal will not begin to run. Present— Doerr, J. P., Boomer, Pine, Lawton and Davis, JJ.