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

KA 16-01656
Indictment No: 2015-129 Superceding Indictment No: 2015-247

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID A. BROWN, DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person and assignment of counsel for the appeal taken from the judgment of Steuben County Court, rendered June 27, 2016, and for other relief,

Now, upon reading and filing the affidavits of David A. Brown sworn to June 20, 2016, June 27, 2016 and September 8, 2016, the statement of David Brown dated June 27, 2016, the notice of motion with proof of due service thereof, and the affidavit of Alan P. Reed, Esq. sworn to September 15, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks poor person relief and assignment of counsel is granted, and 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

MARY P. DAVISON, ESQ.

P.O. BOX 652

CANANDAIGUA, NEW YORK 14424

is hereby assigned as counsel to conduct the appeal, 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 Steuben County Clerk's Office, and

It is further ORDERED that the Clerk of Steuben County is hereby directed to provide MARY P. DAVISON, 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 motion is otherwise denied.

Entered: October 27, 2016

Frances E. Cafarell, Clerk