| People v Marvin Benton |
| Motion No: 525511 |
| Slip Opinion No: 2018 NY Slip Op 66359(U) |
| Decided on March 6, 2018 |
| 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: March 6, 2018525511
THE PEOPLE OF THE STATE OF NEW YORK,
Respondent, v Appellant. | DECISION AND
ORDER ON MOTION |
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 Stephen W. Herrick, Albany County Public Defender, 60 South Pearl St., 4th Floor, Albany, NY 12207, 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.
Garry, P.J., McCarthy, Devine and Mulvey, JJ.,
concur.
ENTER:
Robert D. Mayberger
Clerk of the Court