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P.O. Box 143 Dear Mr. Cohen: I received your letter of November 9th on November 17th. It was delayed due to mail forwarding to my current address at the Jamesville Correctional Facility. I am nearing the end of a six month sentence on "child support" issues related to this same matter. It was not until today that I had access to a typewriter. Regarding the items requested in your letter. I do wish to confirm my desire to appeal as of right. If this is denied I will be submitting a motion to the Court for leave to appeal. Your letter requested copies of each Brief filed at the Appellate Division. You should find them in the original material, tabs D & E. I can no longer afford representation of Counsel in this matter, but I am arranging for his office to mail the Court copies of the Appendix filed with the Appellate Division. You should receive them no later than 1 December. Regarding the last issue of when the constitutional issue was raised. It was specifically raised on Appeal and pages 25-31 of the Appellant's Brief containing the legal argument, including case citations. The issue was not raised in Trial Court to avoid an accusation of "frivolous motion practice," since the Family Court Act, passed by the Legislature, specifically prohibits juries in Family Court proceedings. If permission is given to proceed, my goal is to retain Counsel to perfect and argue the appeal. It is hoped that donations from a group, www.AKidsRight.Org, will help with expenses. My permanent address is correct as on the statement. Phone messages may be left for me at: 315-635-1968, x-211. My sentence will be over on December 28th. Respectfully yours, SIGNED John Murtari CC: Ms. Maureen Walsh, Esq. |
