| PEOPLE V DAMION SMITH |
| Motion No: KA 07-00800 |
| Slip Opinion No: 2008 NYSlipOp 79088(U) |
| Decided on July 25, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 07-00800
Indictment No: 99-2384-001
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAMION SMITH,
DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 26, 2007,
Now, upon reading and filing the affirmation of Barbara J. Sims, dated May 27, 2008, the notice of motion with proof of due service thereof, the affidavit of Damion Smith, sworn to June 7, 2008, 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 1000.3(c)(1) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4(f), and
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide Barbara M. Sims with copies of all papers and stenographic transcripts of the proceedings upon which the appeal is based.
Entered: July 25, 2008
JoAnn M. Wahl, Clerk