PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND WHALEN, JJ.

KA 09-02123
Indictment No: 2008-0866

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JESSIE J. BARNES, DEFENDANT-APPELLANT.

Appellant having moved to proceed pro se on the appeal taken from the judgment of Monroe County Court, rendered August 31, 2009, and for other relief,

Now, upon reading and filing the affidavit of Jessie Barnes sworn to March 6, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed pro se on the appeal from the judgment of Monroe County Court, rendered August 31, 2009 is granted to the extent that the order of this Court entered January 7, 2013 is vacated, and the record and briefs filed by the parties are deemed withdrawn and,

It is further ORDERED that the Clerk shall remit to the Monroe County Clerk's Office the papers constituting the record on appeal and shall remit to the parties any and all briefs submitted to this Court, and

It is further ORDERED that the appeal is removed from the day calendar for May 27, 2014, and

It is further ORDERED that appellant may prosecute his appeal from the judgment of Monroe County Court, rendered August 31, 2009 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 Monroe is hereby directed to provide Jessie Barnes, with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal from the judgment of Monroe County Court, rendered August 31, 2009 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.

Entered: April 10, 2014

Frances E. Cafarell, Clerk