PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

KA 14-00078
Indictment No: 2011-02438
KA 12-02096
Indictment No: 2011-02438

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BANGALY CHELLEY, ALSO KNOWN AS DENIS CHELLEY, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BANGALY CHELLEY, DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person and assignment of counsel for the appeal taken from an order of Supreme Court, Erie County dated December 2, 2013, and for other relief,

Now, upon reading and filing the affidavit of Robert B. Hallborg, Jr., Esq. sworn to August 7, 2014, the affidavit of Bangaly Chelley sworn to July 6, 2014, the notice of motion with proof of due service thereof, and the statement of Donna A. Milling, Esq. dated August 12, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks poor person relief and assignment of counsel is granted, and the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

TIMOTHY P. MURPHY, ESQ.

LEGAL AID BUREAU OF BUFFALO

237 MAIN ST STE 1602

BUFFALO NY 14203

is hereby assigned as counsel to conduct the appeal taken from the order of Supreme Court, Erie County dated December 2, 2013; and

It is further ORDERED that said record and briefs are to be filed and served within 120 days of the filing of the transcripts with the Erie County Clerk's Office; and

It is further ORDERED that the Clerk of Erie County is hereby directed to provide TIMOTHY P. MURPHY, ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the motion is otherwise denied.

Entered: August 20, 2014

Frances E. Cafarell, Clerk