| THE PEOPLE V JAMES E. COMFORT THE PEOPLE V JAMES E. COMFORT (APPEAL NO. 2.) |
| Motion No: KA 12-02377 |
| Slip Opinion No: 2014 NY Slip Op 66318(U) |
| Decided on March 11, 2014 |
| 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. (APPEAL NO. 1.) THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JAMES E. COMFORT, DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved for permission to proceed as a poor person on the appeals taken from the order of the Onondaga County Court, dated November 16, 2012 (KA 12-02377) and that part of the 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),
Now, upon reading and filing the affirmation of Martin P. McCarthy, II, Esq. dated February 21, 2014, the notice of motion with proof of due service thereof, the affidavit of James E. Comfort sworn to January 9, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appeals 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 Onondaga is hereby directed to provide Martin P. McCarthy, II, Esq. with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeals are based.
Entered: March 11, 2014
Frances E. Cafarell, Clerk