THE PEOPLE V JOSHUA WHETSTONE
Motion No: KA 09-00025
Slip Opinion No: 2009 NYSlipOp 61541(U)
Decided on January 20, 2009
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.


January 20, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 09-00025
Indictment No: 2007-584

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOSHUA WHETSTONE, DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Niagara County Court, rendered October 30, 2008,

Now, upon reading and filing the affirmation of Thomas J. Eoannou, dated January 2, 2009, the notice of motion with proof of due service thereof, the affidavit of Joshua Whetstone, sworn to December 23, 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 Niagara is hereby directed to provide Thomas J. Eoannou with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based.

Entered: January 20, 2009

JoAnn M. Wahl, Clerk