Ordered that the judgment is affirmed, and it is further,
Ordered that the appeal from the order is dismissed.
Since the defendant failed to timely move for leave to appeal from the order denying his postjudgment motion pursuant to CPL 440.10 to vacate the judgment, his appeal from the order is dismissed (see, CPL 460.10, 460.30).
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes,
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