APPELLATE DIVISION DOCKET NO. KA 05-01408
Inmate #05-B-1420, FIVE POINTS CORRECTIONAL FACILITY
Indictment No. 2004-1017

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KENNETH WALLACE, DEFENDANT-APPELLANT.

An order having been entered on June 29, 2005, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Edward J. Nowak, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of David M. Abbatoy, Jr., Esq., dated October 12, 2007,

It is hereby ORDERED that Richard W. Youngman, Esq., Monroe County Conflict Defender, 30 West Broad Street, Suite 306, Rochester, New York 14614, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Monroe County, entered in the Monroe County Clerk's Office on April 26, 2005, in place of Edward J. Nowak, Esq; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Monroe County is directed to provide Richard W. Youngman, 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; and

It is further ORDERED that said record and briefs are to be filed and served on or before February 19, 2008.

Entered: October 16, 2007

JOANN M. WAHL, Clerk