THE PEOPLE V STACEY WILLIAMS Indictment No: 4882
Motion No: KA 07-01088
Slip Opinion No: 2009 NYSlipOp 65642(U)
Decided on March 3, 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.


March 3, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.

KA 07-01088

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

STACEY WILLIAMS, DEFENDANT-APPELLANT.

Indictment No: 4882


Appellant having moved to amend the brief for appeal taken from the judgment of Genesee County Court, rendered April 19, 2007,

Now, upon reading and filing the affirmation of Bridget L. Field, dated February 20, 2009, 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 this Court will consider the argument that the court erred in delegating its responsibility to conduct the restitution hearing to its court attorney (see People v Bunnell, 872 NYS2d 334 [2009]), and

It is further ORDERED that respondent shall file a response to that argument, if any, on or before March 18, 2009.

Entered: March 3, 2009

JoAnn M. Wahl, Clerk