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People v. Russell

235 A.D.2d 364 Court N.Y. App. Div. Decision date 1997-01-30 English

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p. 364
The People of the State of New York, Respondent, v Albert Russell, Appellant.
[652 NYS2d 977]

Order, Supreme Court, New York County (Leslie Crocker Snyder, J.), entered on or about June 20, 1995, which denied defendant’s motion to vacate judgment, unanimously affirmed.

Defendant’s procedurally improper (CPL 440.10 [2] [c]) and substantively meritless (Matter of Haynes v Johnson, 165 AD2d

p. 365
406 ) motion to vacate his judgment of conviction was properly denied. The People’s delay, if any, in serving and filing a response did not entitle defendant to have his motion granted on default (CPL 440.30). Defendant’s remaining contentions are without merit. Concur—Murphy, P. J., Milonas, Nardelli and Andrias, JJ.