THE PEOPLE V JAMES E. HIGHSMITH, ALSO KNOWN AS JAMES E. HIGHSMITH, III
Motion No: KA 11-02610
Slip Opinion No: 2013 NY Slip Op 92518(U)
Decided on November 25, 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.


November 25, 2013

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

KA 11-02610
Indictment No: 2010-1011D

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAMES E. HIGHSMITH, ALSO KNOWN AS JAMES E. HIGHSMITH, III,

DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Monroe County Court, rendered October 28, 2011,

Now, upon reading and filing the affirmation of Joseph D. Waldorf, Esq. dated November 7, 2013, the notice of motion with proof of due service thereof, the affidavit of James E. Highsmith sworn to October 24, 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) (1) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Joseph D. Waldorf, Esq. with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based.

Entered: November 25, 2013

Frances E. Cafarell, Clerk