| THE PEOPLE V DAMION MC PHERSON, ALSO KNOWN AS "SMILEY," -. |
| Motion No: KA 13-00864 |
| Slip Opinion No: 2014 NY Slip Op 71525(U) |
| Decided on May 7, 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 13-00864
Indictment No: I12-404
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DAMION MC PHERSON, ALSO KNOWN AS "SMILEY," DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Oneida County Court, rendered March 14, 2013, and for other relief,
Now, upon reading and filing the affidavit of Rebecca L. Wittman, Esq. sworn to April 22, 2014, the notice of motion with proof of due service thereof, the affidavit of Patrick Marthage, Esq. sworn to April 14, 2014, and the affidavits of Damion McPherson sworn to March 15, 2014, the Consent to Substitution of Counsel signed by Damion McPherson, sworn to March 15, 2014, Patrick J. Marthage, Esq., sworn to April 7, 2014, and Rebecca Wittman, Esq., sworn to April 22, 2014, 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 Oneida is hereby directed to provide Rebecca L. Wittman, 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: May 7, 2014
Frances E. Cafarell, Clerk