People v Eric Headwell

Motion No: 523194

Slip Opinion No: 2016 NY Slip Op 89099(U)

Decided on October 17, 2016

Appellate Division, Third 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.

Decided and Entered: October 17, 2016 523194
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THE PEOPLE OF THE STATE OF
NEW YORK,
                                            Respondent,
           v                                                                             DECISION AND ORDER
                                                                                                   ON MOTION
ERIC HEADWELL,
                      (Ind. No. 12-4033 SORA)           
                                            Appellant.
_____________________________________

Motion for permission to proceed on appeal as a poor person and for assignment of counsel.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, and the appeal shall be perfected in accordance with articles 55, 56 and 57 of the CPLR and section 800.4 (c) of this Court's Rules of Practice, and it is further

ORDERED that Terence L. Kindlon, Albany County Public Defender, 60 South Pearl St., 4th Flr., Albany, NY 12207, 518-447-7150, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and it is further

ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the office of the Albany County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in the matter, and one copy of any other paper or document on file in that office which is material and relevant to the appeal, except those portions which appellate counsel or the court which made the order being appealed determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court, and it is further

ORDERED that if the appeal is not perfected within 60 days of the date of this decision, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court