Opinion
October 23, 1989
Appeal from the County Court, Orange County (Charde, J.).
Ordered that the judgment is affirmed; and it is further,
Ordered that the appeals from the orders dated July 15, 1988 and November 18, 1988 are dismissed.
The defendant failed to obtain permission from a Justice of this court to appeal from the order denying his motion made pursuant to CPL 440.10 (CPL 450.15, 460.15 Crim. Proc.). Therefore, even though the People failed to raise this issue, the purported appeal from this order must be dismissed as the issues raised concerning that motion are not properly before the court (see, People v Mosca, 131 A.D.2d 704; People v Ramsey, 104 A.D.2d 388; cf., People v Sanford, 121 A.D.2d 483). Furthermore, the defendant has no statutory right to appeal from the order denying leave to reargue the prior motion to vacate the judgment of conviction (see, People v De Jesus, 54 N.Y.2d 447; People v Armer, 471 N.Y.S.2d 38). Accordingly, the purported appeal therefrom is also dismissed.
Lastly, the only arguments presented by the defendant on the appeal from the judgment concern matters which are dehors the record and may not be considered by this court on direct appeal (see, People v Mosca, supra; People v Wilcox, 106 A.D.2d 526). Mangano, J.P., Thompson, Eiber and Balletta, JJ., concur.