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

KA 08-02486
Indictment No: 2008-0232

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSHUA MILLER, DEFENDANT-APPELLANT.

An application having been made for an order granting leave to prosecute an appeal from a judgment of the Supreme Court, Monroe County, rendered November 13, 2008, as a poor person, and for other relief,

Now, upon reading and filing the affidavit of Joshua Miller, sworn to November 27, 2008, the notice of motion with proof of due service thereof, the statements of Paul D. Fuller, Esq., dated December 3, 2008 and December 15, 2008, and the statement of Joshua Miller, dated December 6, 2008,

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 STREET

ROCHESTER NEW YORK 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: January 28, 2009

JoAnn M. Wahl, Clerk