PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 08-00356
Indictment No: 2007-0081

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICKIE SCOTT, DEFENDANT-APPELLANT.

Appellant having moved for an order granting leave to prosecute an appeal from a judgment of the Erie County Court, entered in the office of the Clerk of said Court on February 7, 2008, as a poor person, and for other relief,

Now, upon reading and filing the affidavit of Michael J. Stachowski, sworn to March 14, 2008, the affidavit of Rickie Scott, sworn to February 7, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion 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 1000.13(c)(1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4(f); and

It is further ORDERED that

David C. Schopp

The Legal Aid Bureau of Buffalo,

237 Main Street, Suite 1602

Buffalo, New York 14203-2723

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that said records and briefs are to be filed and served within 120 days of the filing of the transcripts with the Erie County Clerk's Office; and

It is further ORDERED that the second ordering paragraph of the order of this Court entered March 13, 2008 is vacated; and

It is further ORDERED that the Clerk of the Erie County Clerk is hereby directed to provide David C. Schopp with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based.

Entered: April 1, 2008

JoAnn M. Wahl, Clerk