Opinion
Motion No: KA 14-01807 Motion No: KA 14-00473
10-24-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JESSE J. BARNES, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. Indictment No: 09-01-018
Appellant having moved for permission to proceed as a poor person and assignment of counsel for the appeal taken from a resentence of Ontario County Court, rendered July 9, 2014 (KA 14-01807), and for other relief,
Now, upon reading and filing the affirmation of Mary P. Davison, Esq. dated October 3, 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 granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and
LEANNE LAPP, ESQ.
ONTARIO COUNTY PUBLIC DEFENDER
20 ONTARIO STREET, SUITE 620
CANANDAIGUA, NY 14424-1802
is hereby assigned as counsel to conduct the appeal taken from the resentence of Ontario County Court, rendered July 9, 2014; and
It is further ORDERED that said record and briefs are to be filed and served within 120 days of the filing of the transcripts with the Ontario County Clerk's Office; and
It is further ORDERED that the Clerk of Ontario County is hereby directed to provide LEANNE LAPP, ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based; and
It is further ORDERED that the appeals from the judgment of Ontario Count Court, rendered February 14, 2014 (appeal no. 1.) and the resentence of Cayuga County Court, rendered July 9, 2014 (appeal no. 2.) are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: October 24, 2014
Frances E. Cafarell, Clerk