People v. McMullin

212 A.D.2d 1068 Court N.Y. App. Div. Decision date 1995-02-03 English

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Majority

p. 1068

People v Richard McMullin, Defendant.

[624 NYS2d 1020]

—Motion to extend time to seek leave to appeal denied as unnecessary. Memorandum: The People have failed to provide the Court with proof of service indicating that defendant was served with a copy of the order denying his CPL 440.10 motion. Therefore, defendant’s time to seek leave to appeal from that order has not begun to run (see, CPL 460.10 [4] [a]).

Present—Green, J. P., Pine, Wesley, Callahan and Davis, JJ.