THE PEOPLE V KURY S. SPENCER
Motion No: KA 11-00166
Slip Opinion No: 2011 NY Slip Op 69195(U)
Decided on April 5, 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.


April 5, 2011

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

KA 11-00166
Indictment No: 2009-185

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KURY S. SPENCER, DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Livingston County Court, rendered January 13, 2011,

Now, upon reading and filing the affidavit of Kury S. Spencer sworn to March 2, 2011, the notice of motion with proof of due service thereof, the affirmation of Martin P. McCarthy, II, Esq. dated March 10, 2011 and affidavit of Martin P. McCarthy, II, Esq. sworn to March 24, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion 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 appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

It is further ORDERED that the Clerk of the County of Livingston is hereby directed to provide Martin P. McCarthy, II, Esq. with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based.

Entered: April 5, 2011

Patricia L. Morgan, Clerk