PEOPLE v. SALLEY (2024)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Sean SALLEY, Defendant–appellant.

3365

Decided: December 31, 2024

Renwick, P.J., González, Rodriguez, Higgitt, Rosado, JJ.

Marianne Karas, Thornwood, for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Thomas Farber, J.), entered on or about July 9, 2019, which, as limited by the briefs, denied defendant's CPL 440.10 motion to vacate a judgment of conviction of the same court (Carol Berkman, J.), rendered July 29, 2002, 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. Rosario, 151 A.D.3d 450, 450, 53 N.Y.S.3d 525 [1st Dept. 2017]; People v. Ramos, 105 A.D.3d 684, 685, 963 N.Y.S.2d 658 [1st Dept. 2013], lv denied 21 N.Y.3d 1045, 972 N.Y.S.2d 542, 995 N.E.2d 858 [2013]).

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