| THE PEOPLE V KENNETH BARKSDALE |
| Motion No: KA 07-00908 |
| Slip Opinion No: 2008 NYSlipOp 79092(U) |
| Decided on July 28, 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: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
KA 07-00908
SCI No: 2006-3742
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KENNETH
BARKSDALE, DEFENDANT-APPELLANT. |
Defendant having moved for an order permitting him to submit a record on appeal absent the stipulation to the completed record or an order settling the record, on the appeal taken from the judgment of Monroe County Court entered in the Office of the Clerk of the County of Monroe on September 5, 2006,
Now, upon reading and filing the affidavit of Kenneth Barksdale, sworn to July 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 denied.
Memorandum: When the parties or their attorneys are unable to agree and stipulate to the contents of the completed record on appeal, the contents of the record must be settled by the court from which the appeal is taken. It is the obligation of the appellant to make the application to settle the record (see 22 NYCRR 1000.4[a][1][ii]). The proper venue for an application to settle the record is Monroe County Court.
Entered: July 28, 2008
JoAnn M. Wahl, Clerk