PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 13-01450

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DENNIS J. SINCERBEAUX, DEFENDANT-APPELLANT. SCI No: 12-W47

Appellant having moved for permission to proceed as a poor person and assignment of counsel for an appeal taken from an order of the Wayne County Court, entered May 6, 2013,

Now, upon reading and filing the affidavit of Dennis J. Sincerbeaux sworn to June 6, 2013, the notice of motion with proof of due service thereof, the statement of Erin M. Hammond, Esq. dated August 5, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (2) and ten copies of appellant's brief, reproduced pursuant to CPLR 5529, and

JAMES S. KERNAN, ESQ.

WAYNE COUNTY PUBLIC DEFENDER

26 CHURCH STREET

LYONS, NEW YORK 14489

will continue as attorney of record for the pendency of the appeal pursuant to COR § 168-n (3); and

It is further ORDERED that the Clerk of Wayne County is hereby directed to provide James S. Kernan, 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 said briefs are to be filed and served on or before March 3, 2014, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: October 22, 2013

Frances E. Cafarell, Clerk