Inmate # 07-B-3433, GREAT MEADOW CORRECTIONAL FACILITY
INDICTMENT NO. 2007-0935

APPELLATE DIVISION DOCKET NO. KA 08–1370 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V STEPHEN LE, DEFENDANT-APPELLANT.

An order having been entered July 17, 2008, 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,

Now, upon reading and filing the statement of Barbara J. Davies, Esq. dated October 14, 2008,

It is hereby ORDERED that Kevin J. Bauer, Esq., 6 Ferndale Street, Albany, New York 12208, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Erie County, rendered October 18, 2007, 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 10 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 Kevin J. Bauer, 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 24, 2009.

Entered: October 24, 2008

JOANN M. WAHL, Clerk