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

KA 14-00808
Indictment No. 13-04-060

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V WILLIAM R. PALMER, DEFENDANT-APPELLANT.

Appellant having moved to proceed pro se on the appeal taken from the judgment of Ontario County Court, rendered February 20, 2014, and for other relief,

Now, upon reading and filing the affidavit of William R. Palmer sworn to October 4, 2014, and the statement of William R. Palmer dated October 30, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the order of this Court entered May 15, 2014 is vacated, and appellant may prosecute his appeal 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 Ontario is hereby directed to provide William R. Palmer, with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal 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.

Memorandum: Defendant has failed to establish a compelling and particularized need for the disclosure of the grand jury minutes to him (see People v Robinson, 98 NY2d 755, 756).

Entered: December 8, 2014

Frances E. Cafarell, Clerk