Opinion
825 KA 17–00563
12-23-2020
The PEOPLE of the State of New York, Respondent, v. Martin L. WOODWARD, Defendant-Appellant.
MICHAEL G. CIANFARANO, OSWEGO, FOR DEFENDANT-APPELLANT. GREGORY S. OAKES, DISTRICT ATTORNEY, OSWEGO (AMY L. HALLENBECK OF COUNSEL), FOR RESPONDENT.
MICHAEL G. CIANFARANO, OSWEGO, FOR DEFENDANT-APPELLANT.
GREGORY S. OAKES, DISTRICT ATTORNEY, OSWEGO (AMY L. HALLENBECK OF COUNSEL), FOR RESPONDENT.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed.
Memorandum: On a prior appeal ( People v. Woodward , 126 A.D.3d 1401, 1401, 3 N.Y.S.3d 698 [4th Dept. 2015], lv denied 26 N.Y.3d 1152, 32 N.Y.S.3d 66, 51 N.E.3d 577 [2016] ), we affirmed the judgment convicting defendant following a jury trial of sexual abuse in the first degree ( Penal Law § 130.65 [1] ). Defendant now appeals from the resentence imposed on that conviction but raises a contention only with respect to a prior order that denied in part his motion seeking, as relevant here, to vacate the judgment of conviction pursuant to CPL 440.10 (1) (g). That contention, however, is "not properly before this Court on the appeal from the [resentence]" ( People v. Burton , 138 A.D.3d 882, 884, 30 N.Y.S.3d 182 [2d Dept. 2016] ; see CPL 450.30 ; see also People v. Golb , 126 A.D.3d 401, 402, 5 N.Y.S.3d 46 [1st Dept. 2015], lv denied 26 N.Y.3d 929, 17 N.Y.S.3d 92, 38 N.E.3d 838 [2015] ; see generally People v. Syville , 15 N.Y.3d 391, 399, 912 N.Y.S.2d 477, 938 N.E.2d 910 [2010] ). Even assuming, arguendo, that defendant intended to appeal from the order denying the motion in part, we note that defendant did not seek leave to appeal from that order (see CPL 450.15 [1] ). We therefore dismiss the appeal (see generally People v .Scholz , 125 A.D.3d 1492, 1492, 3 N.Y.S.3d 860 [4th Dept. 2015], lv denied 25 N.Y.3d 1077, 12 N.Y.S.3d 628, 34 N.E.3d 379 [2015] ).