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PEOPLE, res, v. JUAN PAULINO ROSARIO, def-ap

4170. PEOPLE, res, v. JUAN PAULINO ROSARIO, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Patrick J. Hynes of counsel), for res — Purported appeal from order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about May 26, 2016, which, after a hearing, denied defendant's CPL 440.10 motion to vacate his judgment of conviction, unanimously dismissed, on the ground of failure to obtain leave to appeal pursuant to CPL 460.15.

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4170. PEOPLE, res, v. JUAN PAULINO ROSARIO, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Patrick J. Hynes of counsel), for res — Purported appeal from order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about May 26, 2016, which, after a hearing, denied defendant’s CPL 440.10 motion to vacate his judgment of conviction, 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. Ramos, 105 AD3d 684 [1st Dept 2013], lv denied 21 NY3d 1045 [2013]; People v. Argentieri, 66 AD3d 558, 559 [1st Dept 2009], lv denied 14 NY3d 769 [2010]). Although defendant obtained leave to appeal from a prior order that summarily denied his original CPL 440.10 motion, resulting in this Court’s reversal of that order and remand for a hearing (132 AD3d 454 [1st Dept 2015]), this did not obviate the necessity of permission to appeal from the separate order entered after the hearing was held.

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