Opinion
October 4, 1991
Appeal from the Supreme Court, Erie County, Francis, J.
Present — Callahan, A.P.J., Denman, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: We affirm the judgment resentencing defendant. Insofar as his brief on appeal concerns denial of his motion under CPL 440.10, those issues are not before us because he failed to obtain the requisite leave to appeal (CPL 450.15; see, People v. Harris, 107 A.D.2d 761, 762; People v Ramsey, 104 A.D.2d 388; see also, People v. Kihm, 143 A.D.2d 199, 200, lv denied 72 N.Y.2d 958).