| THE PEOPLE V DAVID T. |
| Motion No: CA 18-02006 |
| Slip Opinion No: 2018 NY Slip Op 89752(U) |
| Decided on November 28, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-02006
(INDEX NO. 16-0752-1)
| THE PEOPLE OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V
DAVID T., DEFENDANT-APPELLANT. |
Appellant having moved for permission to appeal an order of the Onondaga County Court entered in the Office of the Clerk of the County of Onondaga on June 27, 2017, for permission to proceed as a poor person, for assignment of counsel from Mental Hygiene Legal Services, Second Department, to seal the record, to proceed anonymously, and for a calendar preference,
Now, upon reading and filing the affirmation of Dennis B. Feld, Esq., dated October 25, 2018, the affidavit of David T. sworn to October 18, 2018, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks permission to appeal, and
It is further ORDERED that the motion is granted insofar as it seeks poor person relief, and
It is further ORDERED that the motion is granted insofar as it seeks assignment of counsel from Mental Hygiene Legal Service from the Second Department, and Michael D. Neville, Director, Mental Hygiene Legal Services, Second Department is assigned as counsel for this appeal, and
It is further ORDERED that the Clerk of the County of Onondaga is hereby directed to provide Mental Hygiene Legal Services, Second Department 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 is granted insofar as it seeks sealing of the record and briefs, and
It is further ORDERED that the motion is granted insofar as it seeks anonymity, and
It is further ORDERED that the motion is denied insofar as it seeks a calendar preference.
Entered: November 28, 2018
Mark W. Bennett, Clerk