Opinion
Motion No: KA 14-00574 KA 14-00574 KA 14-00575 SCI No: S11-161 Indictment No: I11-290
03-03-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KEVIN BYNG, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KEVIN V. BYNG, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved to proceed pro se on the appeals taken from the judgments of Oneida County Court, rendered September 8, 2011 and September 2, 2011, and for other relief,
Now, upon reading and filing the affidavit of Kevin V. Byng sworn to December 5, 2014, the notice of motion with proof of service thereof, and the statements of Kevin V. Byng dated February 12, 2015, February 3, 2015, January 27, 2015, and January 28, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the orders of this Court entered October 28, 2014 and April 14, 2014 are vacated, and
It is further ORDERED that the appellant may prosecute his appeals from the judgments of Oneida County Court rendered September 8, 2011 and September 2, 2011 as a poor person pro se, and
It is further ORDERED that the appeals herein may be prosecuted upon the original papers and ten briefs, handwritten, typewritten or reproduced pursuant to CPLR 5529, and
It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide Kevin Byng, with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeals from the judgments of Oneida County Court, rendered September 8, 2011 and September 2, 2011 are based, and
It is further ORDERED that the appellant shall perfect the appeals in accordance with 22 NYCRR 1000.3 (c) (1), and
It is further ORDERED that the motion insofar as it seeks permission to file less than the required number of briefs for said appeals is denied, and
It is further ORDERED that the motion is otherwise denied.
Entered: March 3, 2015
Frances E. Cafarell, Clerk