Opinion
January 21, 1981
Motion to dismiss appeal from an order of the County Court of Greene County, dated September 26, 1980, which denied defendants' motion pursuant to CPL 440.10, granted. An appeal from an order denying CPL 440.10 motion does not lie as of right (see CPL 450.15, subd 1; 450.10). Mahoney, P.J., Sweeney, Kane, Mikoll and Herlihy, JJ., concur.