THE PEOPLE V KENNETH PHELAN
Motion No: KA 12-01001
Slip Opinion No: 2012 NY Slip Op 76705(U)
Decided on June 19, 2012
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.


June 19, 2012

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

KA 12-01001
Indictment No. 2010-150

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KENNETH PHELAN, DEFENDANT-APPELLANT.


Appellant having moved to proceed pro se on the appeal taken from a judgment of Cayuga County Court, rendered January 18, 2012,

Now, upon reading and filing the affidavit of Kenneth Phelan sworn to March 14, 2012, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant may prosecute his appeal as a poor person pro se, and

It is further ORDERED that the appeal herein may be prosecuted upon the original papers and ten briefs, handwritten, typewritten or reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the County of Cayuga is hereby directed to provide Kenneth Phelan, with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based and,

It is further ORDERED that the appellant shall perfect the appeal in accordance with 22 NYCRR 1000.3 (c) (1).

Entered: June 19, 2012

Frances E. Cafarell, Clerk