PRESENT: SMITH, A.P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

KA 16-00012
Indictment No: 2014-0513-1 (Superceding Indictment No: 2014-0453-1)

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHRISTOPHER HOLDBY, DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Onondaga County Court, rendered June 5, 2015,

Now, upon reading and filing the affirmation of Lisa Cuomo, Esq. dated December 16, 2015, the affidavit of Christopher Holdby, sworn to October 22, 2015, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal filed on June 8, 2015, which inaccurately lists the judgment rendered date as May 26, 2015, shall be treated as valid as to the judgment rendered June 5, 2015 pursuant to CPL 460.10(6), and

It is further 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 Onondaga is hereby directed to provide Lisa S. Cuomo, 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: January 6, 2016

Frances E. Cafarell, Clerk