THE PEOPLE V BURGESS MATTHEWS, JR.
Motion No: KA 08-01938
Slip Opinion No: 2008 NYSlipOp 90839(U)
Decided on November 20, 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.


November 20, 2008

KA 08-01938
Indictment No: 0657-07

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BURGESS MATTHEWS, JR., DEFENDANT-APPELLANT.


An application having been made for an order granting leave to prosecute an appeal from a resentence of the Monroe County Court, rendered May 9, 2008, as a poor person, and for other relief,

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

TIMOTHY P. DONAHER, ESQ.

MONROE COUNTY PUBLIC DEFENDER

10 N FITZHUGH ST

ROCHESTER NY 14614

is hereby assigned as counsel to conduct the appeal; and

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

It is further ORDERED that the Clerk of Monroe County is hereby directed to provide TIMOTHY P. DONAHER, ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based.

Entered: November 20, 2008

JoAnn M. Wahl, Clerk