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PEOPLE v. RUSSELL

235 A.D.2d 364 (1997)

652 N.Y.S.2d 977

The People of the State of New York, Respondent, v. Albert Russell, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 30, 1997

Defendant's procedurally improper (CPL 440.10 [2] [c]) and substantively meritless (Matter of Haynes v Johnson, 165 A.D.2d 406) 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...

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