| THE PEOPLE V JAMES E. COMFORT |
| Motion No: KA 12-02377 AND KA 13-00237 |
| Slip Opinion No: 2013 NY Slip Op 68764(U) |
| Decided on March 21, 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 12-02377 AND KA 13-00237
Indictment No: 2003-0325-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JAMES E. COMFORT, DEFENDANT-APPELLANT. |
Appellant having moved to consolidate the appeals taken from the order of the Onondaga County Court dated November 16, 2012 (KA 12-02377) and that part of an order of the Onondaga County Court, dated November 16, 2012, which denied defendant's request for forensic DNA testing of evidence, pursuant to CPL 440.30 (1)(a) (KA 13-00237), and for other relief,
Now, upon reading and filing the affidavit of James Comfort sworn to January 31, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon the filing and serving and determination of an application seeking leave to appeal as a poor person and assignment of counsel for the appeal taken from the order of the Onondaga County Court, dated November 16, 2012 (KA 12-02377) (see 22 NYCRR 1000.14 [a]).
Entered: March 21, 2013
Frances E. Cafarell, Clerk