AD4 order dated May 1, 2015, affirming denial of CPL 440.10 motion. Decision below: 128 AD3d 1402, 8 NYS3d 527. Lippman, Ch. J., granted leave December 28, 2015.

ISSUE PRESENTED: Whether the 440 motion, based on lack of jurisdiction, was improperly denied, in that the People failed to seek leave to represent murder charges to a second grand jury in violation of CPL 190.75(3). (Assigned counsel: Evan M. Lumley, Cornell Mansion, 484 Delaware Ave., Buffalo, NY 14202.)