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

KA 18-01847
Indictment No: 01093X-2017

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V HU SIN, DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Erie County Court rendered July 11, 2018,

Now, upon reading and filing the affirmation of Thomas J. Eoannou, Esq., dated September 20, 2018, the statement of Hu Sin dated August 21, 2018, the notice of motion with proof of due service thereof, the statement of Donna A. Milling, Esq., dated October 2, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal herein may be prosecuted upon one appendix as defined by 22 NYCRR 1000.7(d), with proof of service of one copy on each opposing party; a certified transcript of the trial or hearing, if any; a copy of the Pre-Sentence Investigation Report, if relevant; a demand for exhibits that are in the control of a respondent or third party with proof of service, when necessary; and an original, five hard copies and one digital copy of appellant's brief reproduced in accordance with 22 NYCRR 1250.8, and

It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide Thomas J. Eoannou, Esq., with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based.

Entered: October 17, 2018

Mark W. Bennett, Clerk