PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 08-00397
Indictment No: I07-088

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSE A. FELIZ, DEFENDANT-APPELLANT.

Counsel for appellant having moved for permission to withdraw as assigned counsel on the appeal taken from a judgment of the Oneida County Court, rendered May 15, 2007,

Now, upon reading and filing the affirmation of Abbie Goldbas, Esq., dated February 3, 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 Abbie Goldbas, Esq. is relieved of her assignment to represent appellant, and

It is further ORDERED that

MARY R. HUMPHREY, ESQ.

4063 ONEIDA STREET, SUITE 6

NEW HARTFORD, NY 13413

is substituted as counsel to prosecute the above-entitled appeal from the judgment of the Oneida County Court, rendered May 15, 2007, in place of Abbie Goldbas, Esq., and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3(c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the County of Oneida is directed to provide Mary R. Humphrey, 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 the records and briefs are to be filed and served on or before July 27, 2009.

Memorandum: Defendant may file a pro se supplemental brief pursuant to 22 NYCRR 1000.3(f) to supplement the brief filed by assigned counsel or he may move to proceed pro se with his appeal.

Entered: March 3, 2009

JoAnn M. Wahl, Clerk