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

KA 12-00445

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICHARD F. MILLS, DEFENDANT-APPELLANT. Indictment No: 4639

Appellant having moved for assignment of counsel and poor person relief on the appeal taken from an order of the Genesee County Court, dated January 31, 2011 and entered February 24, 2011, and for other relief,

Now, upon reading and filing the affidavit of Richard Mills sworn to March 31, 2012, 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 to the extent that the appeal taken from an order of the Genesee County Court, dated January 31, 2011 and entered February 24, 2011 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

Charles Greenberg, Esq.

P.O. Box 102

Buffalo, NY 14207-0102

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 Genesee County Clerk's Office, and

It is further ORDERED that the Clerk of Genesee County is hereby directed to provide Charles Greenberg, Esq. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the motion is otherwise denied.

Entered: May 24, 2012

Frances E. Cafarell, Clerk