| PEOPLE V DERRICK HARLAND |
| Motion No: CA 10-02493 |
| Slip Opinion No: 2011 NY Slip Op 63003(U) |
| Decided on January 31, 2011 |
| 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-02493
(INDEX NO. 2008-543960)
| PEOPLE OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V
DERRICK HARLAND, RESPONDENT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 29, 2010,
Now, upon reading and filing the affirmation of Daniel P. Grasso, Esq. dated December 20, 2011, the affidavit of Derrick Harland sworn to November 26, 2010, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and Alan Birnholz, Esq., 39 Gatehouse Lane, Amherst, New York 14051, is hereby assigned as counsel to conduct the appeal and may prosecute the appeal upon one record as defined by 22 NYCRR 1000.3 (c) (2) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529, and
It is further ORDERED that the Clerk of the County of Erie is directed to provide Alan Birnholz, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based.
Entered: January 31, 2011
Patricia L. Morgan, Clerk