PEOPLE V ROBERT H. SMITH
Motion No: KA 08-00396
Slip Opinion No: 2008 NYSlipOp 66977(U)
Decided on March 5, 2008
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


March 5, 2008

KA 08-00396
Indictment No: 2003-138

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROBERT H. SMITH, DEFENDANT-APPELLANT.


An application having been made by appellant for an order granting leave to prosecute an appeal from an order of the Livingston County Court entered in the Livingston County Clerk's Office on November 28, 2007, as a poor person, and for other relief,

It is hereby ORDERED that said application be, and the same hereby is, granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3(c)(2) and ten copies of appellant's brief, reproduced pursuant to CPLR 5529, and

NORMAN P. EFFMAN, ESQ.

WYOMING CO-ATTICA LEGAL AID

6 COURT ST., RM. B-11

GENESEO NY 14454-1600

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Livingston County is hereby directed to provide NORMAN P. EFFMAN, ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based; and

It is further ORDERED that said briefs are to be filed and served on or before September 10, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).

Entered: March 5, 2008

JoAnn M. Wahl, Clerk