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

KA 18-00251
Indictment No: 16-01-047

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DERRICK L. HARLEY, DEFENDANT-APPELLANT.

Appellant having moved to proceed pro se on the appeal taken from the judgment of Supreme Court, Ontario County, rendered July 27, 2016,

Now upon reading and filing the affidavits of Derrick Harley sworn to April 3, 2018 and April 22, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the order of this Court entered February 23, 2018 is vacated, and

It is further ORDERED that the appellant may prosecute his appeal from the judgment of Supreme Court, Ontario County, rendered July 27, 2016 as a poor person pro se, and

It is further ORDERED that the appeal herein may be prosecuted upon the original papers and ten briefs, handwritten, typewritten or reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the County of Ontario is hereby directed to provide Derrick L. Harley with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal from the judgment of Supreme Court, Ontario County, rendered July 27, 2016 is based, and

It is further ORDERED that the appellant shall perfect the appeal in accordance with 22 NYCRR 1000.3 (c) (1).

Entered: May 21, 2018

MARK W. BENNETT, Clerk