| PEOPLE V BENJAMIN SMITH |
| Motion No: KA 07-01044 |
| Slip Opinion No: 2007 NYSlipOp 81073(U) |
| Decided on September 27, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE DIVISION DOCKET NO. KA 07-01044
Inmate # 07-B-1504, GROVELAND CORRECTIONAL FACILITY
Indictment No. 00443-2006
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BENJAMIN SMITH, DEFENDANT-APPELLANT. |
An order having been entered on June 26, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning David C. Schopp, Esq. as counsel to perfect the appeal,
Now, upon reading and filing the statement of Barbara J. Davies, Esq. dated September 18, 2007,
It is hereby ORDERED that Michael B. Jones, Esq., 2025 Clinton Street, Buffalo, New York 14206, is substituted as counsel to conduct the above-entitled appeal taken from an order of the Supreme Court, Erie County, entered in the Erie County Clerk's Office on April 25, 2007, in place of David C. Schopp, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and
It is further ORDERED that the Clerk of Erie County is directed to provide Michael B. Jones, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based.
Entered: September 27, 2007
JOANN M. WAHL, Clerk