PRESENT: PERADOTTO, J.P., DEJOSEPH, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

DOCKET NO. KA 18-01181
(INDICTMENT NO. 2010-02886X.)
DOCKET NO. CA 18-01182
(INDEX NO. I-2017-000129.)

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CIRITO M. CORDERO, DEFENDANT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF CIRITO M. CORDERO, PETITIONER-APPELLANT, V DISTRICT ATTORNEY OF ERIE COUNTY, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein form an order of the Erie County Court entered in the office of the Clerk of the County of Erie on December 15, 2017 (appeal No. 1), with the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie January 22, 2018 (appeal No. 2.), and having moved

for permission to proceed as a poor person and for assignment of counsel,

Now, upon reading and filing the affidavit of Cirito Cordero sworn to June 14, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appeal No. 1 is dismissed (see CPL 450.10; 450.15; People v Pagan, 19 NY3d 368, 370 [2012]), and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is dismissed as moot, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person in appeal No. 2 is granted, and

It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide appellant with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel in appeal No. 2 is denied.

Memorandum: Assignment of counsel is not available.

Entered: August 22, 2018

Mark W. Bennett, Clerk