Opinion
KA 12-02377 KA 13-00237 Indictment No: 2003-0325-1
03-11-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES E. COMFORT, DEFENDANT-APPELLANT. (APPEAL NO. 1.) THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES E. COMFORT, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person on the appeals taken from the order of the Onondaga County Court, dated November 16, 2012 (KA 12-02377) and that part of the order of the Onondaga County Court, dated November 16, 2012, which denied a request for forensic DNA testing of evidence, pursuant to CPL 440.30 (1-a) (KA 13-00237),
Now, upon reading and filing the affirmation of Martin P. McCarthy, II, Esq. dated February 21, 2014, the notice of motion with proof of due service thereof, the affidavit of James E. Comfort sworn to January 9, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appeals herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and
It is further ORDERED that the Clerk of the County of Onondaga is hereby directed to provide Martin P. McCarthy, II, Esq. with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeals are based.
Frances E. Cafarell, Clerk