Legal Opinion

People v. Rosario

Appellate Division of the Supreme Court of the State of New York

Decided June 6, 2017No. 4170 1640/97PublishedCited by 1 opinion

1Opinion of the Court

Purported appeal from order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about May 26, 2016, which, after a hearing, denied defendant’s CPL 440.10 motion to vacate his judgment of conviction, unanimously dismissed, on the ground of failure to obtain leave to appeal pursuant to CPL 460.15.

Because defendant did not seek or obtain permission from a justice of this Court to appeal from the order that denied his CPL 440.10 motion, this Court lacks jurisdiction to entertain the appeal (see CPL 450.15 [1]; 460.15; People v Ramos, 105 AD3d 684 [1st Dept 2013], lv denied…

2Cases cited2 opinions

  1. People v. PaganNew York Court of Appeals · 2012
  2. The People v. Glenn S. Smith & The People v. Norman E. RamseyNew York Court of Appeals · 2016

3Cited by1 opinion

  1. People v. SalleyAppellate Division of the Supreme Court of the State of New York · 2024

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