PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, WHALEN, AND MARTOCHE, JJ.

KA 13-00203
Indictment No. 2011-01761

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN W. HARRIS, DEFENDANT-APPELLANT.

Appellant having moved to proceed pro se on the appeal taken from a judgment of Erie County Court, rendered January 9, 2013, and for other relief,

Now, upon reading and filing the affidavit of John W. Harris sworn to June 16, 2013, the notice of motion with proof of service thereof, the statement of John W. Harris dated June 16, 2013, 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 February 8, 2013 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 Erie is hereby directed to provide John W. Harris, 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), and

It is further ORDERED that the motion is otherwise denied without prejudice.

Memorandum: Grand jury minutes may be disclosed by a court when a party has made a showing of a compelling and particularized need for the disclosure (see People v Robinson, 98 NY2d 755, 756). Appellant has failed to establish such a need.

Entered: August 14, 2013

Frances E. Cafarell, Clerk