Defendant's appeal should be dismissed, and the matter remitted to the Appellate Division for dismissal of defendant's appeal to that court. County Court's order denying defendant's motion pursuant to CPL 440.30 (1-a) is not appealable to the Appellate Division as of right (see, CPL 450.10), and an appeal of such an order to the Appellate Division is not available under CPL 450.15. When the Legislature...
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