APPELLATE DIVISION DOCKET NO. KA 08-02135
Inmate # 07-B-1891, WENDE CORRECTIONAL FACILITY
INDICTMENT NO. 2006-1534

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

An order having been entered on October 24, 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 December 5, 2008,

It is hereby ORDERED that Michael J. Stachowski, Esq., 2025 Clinton Street, Buffalo, New York 14206, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Erie County Court, rendered May 30, 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 Michael J. Stachowski, 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: December 16, 2008

JOANN M. WAHL, Clerk