PEOPLE V EDWIN PEREZ
Motion No: KA 06-01663
Slip Opinion No: 2007 NYSlipOp 84267(U)
Decided on November 19, 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.


November 19, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

KA 06-01663
Indictment No: 2006-0096

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EDWIN PEREZ, DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 5, 2006, and for substitution of counsel,

Now, upon reading and filing the affirmation of Donald M. Thompson, dated October 31, 2007, the affidavit of Edwin Perez, sworn to July 24, 2007, the consent to substitution filed November 2, 2007, the notice of motion with proof of due service thereof, the responding letter of Matthew J. Clark, dated November 7, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the order of this Court entered June 14, 2006 is hereby vacated, and

It is further ORDERED 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 22 NYCRR 1000.4(f), and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Donald M. Thompson with copies of all papers and stenographic transcripts of the proceedings upon which the appeal is based.

Entered: November 19, 2007

JoAnn M. Wahl, Clerk