| THE PEOPLE EX REL., JUSTIN R. GULISANO V BARRY VIRTS, SHERIFF OF WAYNE COUNTY Indictment No: 15-GW1 |
| Motion No: KAH 15-02056 |
| Slip Opinion No: 2016 NY Slip Op 61307(U) |
| Decided on January 12, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KAH 15-02056
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., JUSTIN R. GULISANO,
PETITIONER-APPELLANT, V BARRY VIRTS, SHERIFF OF WAYNE COUNTY, RESPONDENT. Indictment No:
15-GW1 |
Petitioner having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken from an order of Wayne County Court, dated November 10, 2015,
Now, upon reading and filing the affidavit of Justin Gulisano sworn to December 19, 2015, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks assignment of counsel is denied (see Judiciary Law § 35 [1] [a]), and
It is further ORDERED that the motion insofar as it seeks poor person relief is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (2) 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 Wayne is hereby directed to provide Justin R. Gulisano 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 12, 2016
Frances E. Cafarell, Clerk