| THE PEOPLE V RICHARD F. MILLS Indictment No: 4639 |
| Motion No: KA 12-02274 |
| Slip Opinion No: 2013 NY Slip Op 61762(U) |
| Decided on January 11, 2013 |
| 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.
KA 12-02274
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V RICHARD F. MILLS, DEFENDANT-APPELLANT. Indictment No: 4639 |
Appellant having moved for permission to proceed as a poor person and assignment of counsel for an appeal taken from an order of the Genesee County Court, dated October 23, 2012,
Now, upon reading and filing the affidavit of Richard Mills sworn to November 30, 2012, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: There is no statutory authorization in the Criminal Procedure Law for a defendant to appeal from an order settling the record on appeal in a criminal case (see People v Gibson, 266 AD2d 837, lv denied 94 NY2d 919).
Entered: January 11, 2013
Frances E. Cafarell, Clerk