PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

KA 18-00756
Indictment No: 2016-01036D

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARK DUBLINO, DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed pro se on appeal, for permission to proceed as a poor person, to relieve retained counsel, and for other relief, on an appeal taken herein from a judgment of the Supreme Court, Erie County, rendered March 23, 2018,

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 to the extent that appellant may prosecute the appeal pro se,

It is further ORDERED that the motion is granted to the extent that appellant may retain poor person status,

It is further ORDERED that the Erie County Clerk provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audio taped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that, to perfect the appeal, appellant submit an appendix as defined by 22 NYCRR 1000.7 (d), with proof of service of one copy on respondent; 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 respondent or a third party with proof of service, when necessary; and an original and five hard copies of appellant's brief, and

It is further ORDERED that the motion is otherwise dismissed.

Entered: October 23, 2023

Ann Dillon Flynn

Clerk of the Court