| THE PEOPLE V JESSE J. BARNES THE PEOPLE V JESSIE J. BARNES |
| Motion No: KA 14-00675 |
| Slip Opinion No: 2014 NY Slip Op 73921(U) |
| Decided on May 27, 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, PERADOTTO, AND CARNI, JJ.
KA 14-00675
Indictment No: 2008-0866
KA 09-02123
Indictment No: 2008-0866
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JESSE J. BARNES, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JESSIE J.
BARNES, DEFENDANT-APPELLANT. |
Defendant having moved for permission to proceed as a poor person on the appeal taken from an order of the Monroe County Court, dated March 21, 2014, and for other relief,
Now, upon reading and filing the affidavit of Jessie Barnes sworn to March 27, 2014, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: There is no statutory authorization in the Criminal Procedure Law for a defendant to appeal from an order involving the settling a record on appeal in a criminal case (see e.g.People v Gibson, 266 AD2d 837, lv denied 94 NY2d 919). Appellate review of an order denying a CPL 440.10 motion is authorized by permission of an intermediate appellate court pursuant to CPL 450.15(1) and 460.15.
Entered: May 27, 2014
Frances E. Cafarell, Clerk