People v Thierno Diallo

Motion No: 102770

Slip Opinion No: 2010 NY Slip Op 72169(U)

Decided on May 13, 2010

Appellate Division, Third 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.

Decided and Entered:
May 13, 2010

Case # 102770

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v THIERNO DIALLO, (Ind. No. 36-I-2008) Appellant.

DECISION AND ORDER ON MOTION

Motion for permission to proceed on appeal as a poor person and for assignment of counsel.

Upon the papers filed in support of said motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal shall be perfected in accordance with section 800.14 of the Rules of Practice (22NYCRR 800.14), and it is further

ORDERED that R. Graham McNamara, Esq., 100 Glen Street, Suite 2A, P.O. Box 358, Glens Falls, NY 12801, (518) 745-4343, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and it is further

ORDERED that pursuant to section 800.4 (c) of the Rules of this Court, the Clinton County Court Clerk is directed to furnish appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter, and one copy of any other paper or document on file in that office which is material and relevant to this appeal, except those portions which appellant's counsel or the criminal court determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court. Counsel's time to perfect this appeal is extended to 45 days after the minutes and documents related hereto are filed in the office of the County Court Clerk. In the event the minutes are not filed within 60 days from the date of this decision, within 10 days thereafter, counsel shall move on notice for a further extension of time.
CARDONA, P.J., PETERS, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court