Opinion
KA 14-00675 KA 09-02123 Indictment No: 2008-0866 Indictment No: 2008-0866
05-27-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JESSE J. BARNES, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JESSIE J. BARNES, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Defendant having moved for permission to proceed as a poor person on the appeal taken from an order of the Monroe County Court, dated March 21, 2014, and for other relief,
Now, upon reading and filing the affidavit of Jessie Barnes sworn to March 27, 2014, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: There is no statutory authorization in the Criminal Procedure Law for a defendant to appeal from an order involving the settling a record on appeal in a criminal case (see e.g.People v Gibson, 266 AD2d 837, lv denied 94 NY2d 919). Appellate review of an order denying a CPL 440.10 motion is authorized by permission of an intermediate appellate court pursuant to CPL 450.15(1) and 460.15.
Entered:
Frances E. Cafarell, Clerk