| THE PEOPLE V CHRISTOPHER DIAZ Indictment No. 05/0218 |
| Motion No: KA 11-00174 |
| Slip Opinion No: 2013 NY Slip Op 61772(U) |
| Decided on January 14, 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 11-00174
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V CHRISTOPHER DIAZ, DEFENDANT-APPELLANT. Indictment No. 05/0218 |
Appellant having moved to proceed pro se on the appeal taken from an order of Monroe County Court, dated January 6, 2011,
Now, upon reading and filing the affidavit of Christopher Diaz sworn to November 15, 2012, the notices of motion with proof of service thereof, the statement of Leslie E. Swift, Esq. dated November 30, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the order of this Court entered August 2, 2011 is vacated, 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 Monroe is hereby directed to provide Christopher Diaz, 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: January 14, 2013
Frances E. Cafarell, Clerk