| THE PEOPLE V JAMES E. COMFORT THE PEOPLE V JAMES E. COMFORT |
| Motion No: KA 12-02377 |
| Slip Opinion No: 2013 NY Slip Op 72562(U) |
| Decided on April 30, 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
Indictment No: 2003-0325-1
KA 13-00237
Indictment No: 2003-0325-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JAMES E. COMFORT, DEFENDANT-APPELLANT. 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 a 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 affidavits of James Comfort sworn to March 28, 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 granted to the extent that the appeal herein taken from the order of Onondaga County Court dated November 16, 2012 (KA 12-02377) 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
SUSAN R. HORN, ESQ.
HISCOCK LEGAL AID SOCIETY
351 S WARREN ST
SYRACUSE NY 13202
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 Onondaga County Clerk's Office; and
It is further ORDERED that the Clerk of Onondaga County is hereby directed to provide SUSAN R. HORN, 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 appeal from the order of Onondaga County Court dated November 16, 2012 (KA 12-02377) and the part of an order of Onondaga County Court dated November 16, 2012 which denied a request for forensic DNA testing of evidence, pursuant to CPL 440.30 (1)(a) (KA 13-00237) are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: April 30, 2013
Frances E. Cafarell, Clerk