KA 08-02028
Indictment No: I07-383

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSE GARCIA, DEFENDANT-APPELLANT.

An application having been made for an order granting leave to prosecute an appeal from a judgment of the Oneida County Court, rendered December 20, 2007, as a poor person, and for other relief, and orders of this Court having been entered October 7, 2008, and February 17, 2009,

Now, upon reading and filing the affidavit of Richard N. Bach, Esq., sworn to October 15, 2008, and filed with this Court on April 8, 2009, affirming personal service of the notice of appeal on respondent on October 15, 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

FRANK J. NEBUSH, JR., ESQ.

ONEIDA COUNTY PUBLIC DEFENDER

321 MAIN ST STE 250

UTICA NY 13501

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 Oneida County Clerk's Office; and

It is further ORDERED that the Clerk of Oneida County is hereby directed to provide FRANK J. NEBUSH, JR., 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: April 8, 2009

Patricia L. Morgan, Deputy Clerk