DOCKET NO. KA 05-02216
Inmate # 05-B-0894, MIDSTATE CORRECTIONAL FACILITY
Indictment No. 2004-1642

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V XAVIER PRIMM, DEFENDANT-APPELLANT.

An order having been entered on September 29, 2006, 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, and an order having been entered November 9, 2007, relieving counsel of his assignment,

Now upon the Court's own motion,

It is hereby ORDERED that Thomas P. Theophilos, Esq., 1201 Colvin Boulevard, Suite 1, Buffalo, New York 14223, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Erie County entered in the Erie County Clerk's Office on July 8, 2005, 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 ten 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 Thomas P. Theophilos, 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 briefs are to be filed and served on or before March 20, 2008.

Entered: November 20, 2007

JOANN M. WAHL, Clerk