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People v. Russell

235 A.D.2d 364, 652 N.Y.S.2d 977, 1997 N.Y. App. Div. LEXIS 724
Procedural entryThis page is a short order in People v. Russell. Read the opinion of the Court — 209 A.D.2d 650 →
Appellate Division of the Supreme Court of the State of New York·Decided January 30, 1997·Published

Opinion

Order, Supreme Court, New York County (Leslie Crocker Snyder, J.), entered on or about June 20, 1995, which denied defendant’s motion to vacate judgment, unanimously affirmed.

Defendant’s procedurally improper (CPL 440.10 [2] [c]) and substantively meritless (Matter of Haynes v Johnson, 165 AD2d [365]*365406) motion to vacate his judgment of conviction was properly denied. The People’s delay, if any, in serving and filing a response did not entitle defendant to have his motion granted on default (CPL 440.30). Defendant’s remaining contentions are without merit. Concur—Murphy, P. J., Milonas, Nardelli and Andrias, JJ.

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People v. Russell, 235 A.D.2d 364, 652 N.Y.S.2d 977, 1997 N.Y. App. Div. LEXIS 724 (N.Y. Ct. App. 1997).

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Related

Haynes v. Johnson
165 A.D.2d 406 (Appellate Division of the Supreme Court of New York, 1991)