IN THE MATTER OF THE APPLICATION FOR A RECOMMITMENT ORDER PURSUANT TO CPL 330.20 IN RELATION TO TREY A. B. Index No:
Motion No: CA 21-01083
Slip Opinion No: 2021 NY Slip Op 71762(U)
Decided on September 15, 2021
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.


September 15, 2021

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

CA 21-01083

IN THE MATTER OF THE APPLICATION FOR A

RECOMMITMENT ORDER PURSUANT TO CPL 330.20

IN RELATION TO TREY A. B., DEFENDANT-APPELLANT.



Index No: 8318

Defendant having moved, pursuant to CPL § 330.20 (21) (a) (ii) for leave to appeal an order of the County Court, Wyoming County, entered June 24, 2021, and having moved for poor person relief, assignment of counsel, and permission to proceed anonymously,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks leave to appeal to the order entered June 24, 2021, and

It is further ORDERED that the motion is granted insofar as it seeks permission to proceed as a poor person, and

It is further ORDERED that the motion is granted insofar as it seeks assignment of counsel to the extent that Wyoming County Public Defender's Office is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Wyoming County Clerk provide Wyoming County Public Defender's Office, with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the appeal herein must be perfected by electronic filing pursuant to 22 NYCRR 1245 and 22 NYCRR 1000.17, and

It is further ORDERED that the appeal may be prosecuted upon one hard copy of the complete record and an original and five hard copies and one digital copy of appellant's brief, pursuant to 22 NYCRR 1250.9 (a) (4), and

It is further ORDERED that the motion is granted insofar as it seeks permission to proceed anonymously, and

It is further ORDERED that the record on appeal is sealed.

Entered: September 15, 2021

Ann Dillon Flynn

Clerk of the Court