Opinion
Motion No: M-5344
01-17-2019
The People of the State of New York ex rel. Norman McCorkle Petitioner-Appellant, v. Warden, Rikers Island Correctional Facility, New York State Department of Corrections and Community Supervision, Respondent-Respondent.
Petitioner-appellant having moved for leave to appeal and to prosecute, as a poor person, the appeal taken from an order of the Supreme Court, Bronx County, entered on or about September 12, 2018, which denied petitioner-appellant's application for a writ of habeas corpus, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that this appeal may be taken as of right from the aforementioned order entered September 12, 2018. That branch of petitioner-appellant's motion for poor person relief is granted to the extent of permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent-respondent and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. That branch of the motion seeking assignment of counsel is denied.
ENTERED: January 17, 2019
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Troy K. Webber Marcy L. Kahn Cynthia S. Kern, Justices
M-5344
Index No. 340264/18