APPELLATE DIVISION DOCKET NO. KA 08-01878
Inmate # 03-B-0547, FIVE POINTS CORRECTIONAL FACILITY
Indictment No. 2002-0183

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DERRICK GAUSE, DEFENDANT-APPELLANT.

An order having been entered on September 23, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Timothy P. Donaher, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Drew R. DuBrin, Esq., dated October 15, 2008,

It is hereby ORDERED that Richard W. Youngman, Esq., Monroe County Conflict Defender, 30 West Broad Street, Suite 306, Rochester, New York 14614, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Monroe County Court, rendered August 7, 2008, in place of Timothy P. Donaher, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Monroe County is directed to provide Richard W. Youngman, 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: October 17, 2008

JOANN M. WAHL, Clerk