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People v. Smiley

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1097 (N.Y. App. Div. 1996)

Opinion

March 8, 1996

Present — Green, J.P., Pine, Fallon, Doerr and Davis, JJ.


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 [a]).


Summaries of

People v. Smiley

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1097 (N.Y. App. Div. 1996)
Case details for

People v. Smiley

Case Details

Full title:PEOPLE v. VERNELL SMILEY, Defendant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 8, 1996

Citations

225 A.D.2d 1097 (N.Y. App. Div. 1996)
639 N.Y.S.2d 240

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