THE PEOPLE V CHARLES R. SCHMIDT
Motion No: KA 08-02077
Slip Opinion No: 2008 NYSlipOp 90853(U)
Decided on November 21, 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 21, 2008

KA 08-02077
Inmate # 99-B-2378 ONEIDA CORRECTIONAL FACILITY
Indictment No: 99-01-062

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHARLES R. SCHMIDT, DEFENDANT-APPELLANT.


An application having been made by appellant for an order granting leave to prosecute an appeal from an order of the Ontario County Court, entered August 14, 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) (2) and ten copies of appellant's brief, reproduced pursuant to CPLR 5529, and

JOHN E. TYO, ESQ.

SIX EAST MAIN STREET

P.O. BOX 7

SHORTSVILLE NY 14548

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Ontario County is hereby directed to provide JOHN E. TYO, 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 said briefs are to be filed and served on or before June 22, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: November 21, 2008

JoAnn M. Wahl, Clerk