PEOPLE V JUSTIN CHAD SMITH
Motion No: KA 08-00020
Slip Opinion No: 2008 NYSlipOp 69828(U)
Decided on April 14, 2008
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.


April 14, 2008

APPELLATE DIVISION DOCKET NO. KA 08-00020
Inmate # 07-B-3595, ELMIRA CORRECTIONAL FACILITY
SCI No. 03-07

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT,

V

JUSTIN CHAD SMITH, DEFENDANT-APPELLANT.


An order having been entered on February 6, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Gary A. Horton, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Bridget L. Field, Esq., dated March 27, 2008,

It is hereby ORDERED that E. Robert Fussell, Esq., 46 Wolcott Street, Suite 1, LeRoy, New York 14482, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Genesee County Court, entered in the Genesee County Clerk's Office on November 8, 2007, in place of Gary A. Horton, 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 Genesee County is directed to provide E. Robert Fussell, 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: April 14, 2008

JOANN M. WAHL, Clerk