APPELLATE DIVISION DOCKET NO. KA 08-00336
Inmate # 08-B-0427, AUBURN CORRECTIONAL FACILITY
Indictment No. 2007-199

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DANNY HERNANDEZ, DEFENDANT-APPELLANT.

An order having been entered on February 29, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Frank J. Nebush, Jr., Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Esther Cohen Lee, Esq., dated September 22, 2008,

It is hereby ORDERED that David M. Giglio, Esq., 231 Elizabeth Street, Utica, New York 13501, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Oneida County Court, rendered February 4, 2008, in place of Frank J. Nebush, Jr., 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 Oneida County is directed to provide David M. Giglio, 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 6, 2009.

Entered: October 7, 2008

JOANN M. WAHL, Clerk