THE PEOPLE V KELLY J. KYLE
Motion No: KA 07-02060
Slip Opinion No: 2009 NYSlipOp 60776(U)
Decided on January 13, 2009
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.


January 13, 2009

PRESENT: SMITH, J.P., CENTRA, FAHEY, AND GREEN, JJ.

KA 07-02060
Indictment No: 2006-044

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KELLY J. KYLE, DEFENDANT-APPELLANT.


Appellant having moved to relieve assigned counsel on the appeal taken from a judgment of the Niagara County Court, rendered March 13, 2007,

Now, upon reading and filing the affidavit of Scott A. Stepien, sworn to December 18, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, to the extent that David J. Farrugia is relieved of his assignment to represent appellant as of December 4, 2008, nunc pro tunc.

Entered: January 13, 2009

JoAnn M. Wahl, Clerk