PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 14-01807 AND KA 14-00473
Indictment No: 09-01-018

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

Appellant having moved for permission to proceed as a poor person and assignment of counsel for the appeal taken from a resentence of Ontario County Court, rendered July 9, 2014 (KA 14-01807), and for other relief,

Now, upon reading and filing the affirmation of Mary P. Davison, Esq. dated October 3, 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 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 the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

LEANNE LAPP, ESQ.

ONTARIO COUNTY PUBLIC DEFENDER

20 ONTARIO STREET, SUITE 620

CANANDAIGUA, NY 14424-1802

is hereby assigned as counsel to conduct the appeal taken from the resentence of Ontario County Court, rendered July 9, 2014; 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 Ontario County Clerk's Office; and

It is further ORDERED that the Clerk of Ontario County is hereby directed to provide LEANNE LAPP, 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 appeals from the judgment of Ontario Count Court, rendered February 14, 2014 (appeal no. 1.) and the resentence of Cayuga County Court, rendered July 9, 2014 (appeal no. 2.) are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: October 24, 2014

Frances E. Cafarell, Clerk