Opinion
KA 18-00401 Indictment No: I13-090 KA 18-00404Indictment No: I12-366
04-13-2018
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ARTIE HUTSON, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved for permission to proceed as a poor person pro se for the appeals taken from the judgment of the Oneida County Court, rendered August 29, 2016 (KA 18-00401) and the judgment of Oneida County Court, rendered March 15, 2013 (KA 18-00404),
Now, upon reading and filing the affidavit of Artie Hutson sworn to January 11, 2018, and the statement of Artie Hutson dated February 26, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks relief for the appeal taken from the judgment of Oneida County Court, rendered August 29, 2016 (KA 18-00401) is granted, and the appellant may prosecute said appeal as a poor person pro se, and
It is further ORDERED that said appeal 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 Artie Hutson with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal from the judgment of Oneida County Court, rendered August 29, 2016 (KA 18-00401) is based, and
It is further ORDERED that the appellant shall perfect said appeal in accordance with 22 NYCRR 1000.3(c)(1), and
It is further ORDERED that the motion is otherwise denied with leave to renew upon the filing and serving of a motion seeking permission to proceed as a poor person pro se containing proof that the notice of appeal dated March 15, 2013 was timely served (see CPL 460.10 [6]).
Entered: April 13, 2018
Mark W. Bennett, Clerk