People v. Russell

Order, Supreme Court, New York County (Leslie Crocker Snyder, J.), entered on or about June 20, 1995, which denied defendant’s motion to vacate judgment, unanimously affirmed.

Defendant’s procedurally improper (CPL 440.10 [2] [c]) and substantively meritless (Matter of Haynes v Johnson, 165 AD2d *365406) 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 without merit. Concur—Murphy, P. J., Milonas, Nardelli and Andrias, JJ.