People v. Dunston (38 N.Y.2d 986, 1976)

Renewed motion for an extension of time within which to serve and file a notice of appeal pursuant to CPL 460.10 (subd 5, par [b]) denied. It does not appear from the present submission that there exists either a "persisting” or "substantial” ground for review on the merits, the showing of both of which is required in order to prevail on the present motion. (People v Sher, 35 NY2d 310, 311.) It is not sufficient that leave to appeal was previously granted in this particular case.