DOCKET NO. KA 03-02274
INMATE # 03-B-1999, AUBURN CORRECTIONAL FACILITY
INDICTMENT NO. 01586-2002

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, V HABIB F. JOHNSON, DEFENDANT-APPELLANT.

An order having been entered by this Court on September 28, 2007, granting a writ of error coram nobis and vacating the order of this Court entered December 22, 2005, affirming the judgment of Supreme Court, Erie County entered in the Erie County Clerk's Office on July 31, 2003, and appellant having applied for permission to proceed as a poor person, and for other relief, on the appeal de novo,

It is hereby ORDERED that said application be, and the same hereby is, granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3(c)(1) and ten copies of appellant's brief, reproduced in accordance with CPLR 5529; and

KEVIN J. BAUER, ESQ.

728 ELLICOTT SQUARE BUILDING

BUFFALO, NEW YORK 14203

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of the County of Erie is hereby directed to furnish Kevin J. Bauer, Esq., copies of all papers and transcript of stenographic minutes, if any, of all proceedings had and filed in said Clerk's Office; and

It is further ORDERED that the order of this Court entered September 28, 2007, is hereby amended by striking therefrom the date November 27, 2007, and inserting in place thereof the date March 17, 2008.

Entered: November 16, 2007

JOANN M. WAHL, Clerk