People v. Smiley

225 A.D.2d 1097 Court N.Y. App. Div. Decision date 1996-03-08 English

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p. 1097

People v Vernell Smiley, Defendant.

[639 NYS2d 240]

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

p. 1098

order has not begun to run (see, CPL 460.10 [4] [a]). Present— Green, J. P., Pine, Fallon, Doerr and Davis, JJ.