PEOPLE V KEVIN EATMON
Motion No: KA 06-03281
Slip Opinion No: 2008 NYSlipOp 72740(U)
Decided on May 19, 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.


May 19, 2008

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

KA 06-03281
Indictment No: 2005-0129-S01

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KEVIN EATMON, DEFENDANT-APPELLANT.


Appellant having moved for permission to file a lesser number of records and briefs on the appeal taken from a judgment of the Erie County Court entered in the Office of the Clerk of the County of Erie, on January 11, 2006,

Now, upon reading and filing the affidavit of Nelson S. Torres, sworn to April 9, 2008, the notice of motion with proof of service thereof, the affidavit of Kevin Eatmon, sworn to April 4, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied, and

It is further ORDERED that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.13(c)(1) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4(f).

Entered: May 19, 2008

JoAnn M. Wahl, Clerk