THE PEOPLE V BENJAMIN RIVERA INDICTMENT NO. 687/88
Motion No: KA 08-00201
Slip Opinion No: 2008 NYSlipOp 75900(U)
Decided on June 12, 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.


June 12, 2008

DOCKET NO. KA 08-00201
INMATE # 89-B-1984, GREAT MEADOW CORRECTIONAL FACILITY

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BENJAMIN RIVERA, DEFENDANT-APPELLANT.

INDICTMENT NO. 687/88


An order having been entered by this Court on June 6, 2008, granting a writ of error coram nobis and vacating the order of this Court entered February 1, 1991, affirming the judgment of Monroe County Court entered in the Monroe County Clerk's Office on July 21, 1989, and appellant having applied for permission to proceed as a poor person, and for other relief, on the appeal de novo,

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)(1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4(f), and

GARY MULDOON, ESQ.

144 EXCHANGE BOULEVARD

SUITE 402

ROCHESTER, NEW YORK 14614

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Monroe County is hereby directed to provide GARY MULDOON, 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 appellant shall file and serve his records and briefs with this Court on or before September 4, 2008.

Entered: June 12, 2008

JOANN M. WAHL, Clerk