MATTER OF AN APPLICATION FOR A SUBREQUEST RETENTION ORDER PURSUANT TO CRIMINAL PROCEDURE LAW SECTION 330.20 (9) IN
Motion No: CA 10-01315
Slip Opinion No: 2010 NY Slip Op 77524(U)
Decided on July 19, 2010
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.


July 19, 2010

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.

DOCKET NO. CA 10-01315

MATTER OF AN APPLICATION FOR A SUBREQUEST RETENTION ORDER

PURSUANT TO CRIMINAL PROCEDURE LAW SECTION 330.20 (9) IN

RELATION TO BYRON W., RESPONDENT-APPELLANT.



MICHAEL C. GREEN, MONROE COUNTY DISTRICT ATTORNEY,

PETITIONER-RESPONDENT.


Appellant having moved for leave to appeal to this Court pursuant to CPL 330.20 from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 19, 2010 and for permission to proceed as a poor person,

Now, upon reading and filing the affirmation of Drew R. DuBrin, Esq. dated June 15, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks leave to appeal to this Court is granted, and

It is further ORDERED that the motion for permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide appellant's attorney, Monroe County Public Defender's Office, with a stenographic copy of the minutes upon which the appeal is based.

Entered: July 19, 2010

Patricia L. Morgan, Clerk