THE PEOPLE V BURNIE DANIELS, ALSO KNOWN AS BURNIE E. DANIELS, ALSO KNOWN AS BERNIE E. DANIELS Indictment No: 5107
Motion No: KA 09-00726
Slip Opinion No: 2009 NY Slip Op 73557(U)
Decided on May 12, 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.


May 12, 2009

APPELLATE DIVISION DOCKET NO. KA 09-00726
Inmate # 09-B-0295 CAYUGA CORRECTIONAL FACILITY

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BURNIE DANIELS, ALSO KNOWN AS BURNIE E. DANIELS, ALSO KNOWN

AS BERNIE E. DANIELS, DEFENDANT-APPELLANT.

Indictment No: 5107


An order having been entered on April 24, 2009, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Gary A. Horton, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Bridget L. Field, Esq., dated May 4, 2009,

It is hereby ORDERED that Joseph T. Jarzembek, Esq., 1066 Englewood Avenue, Buffalo, New York 14423, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Genesee County Court, rendered March 12, 2009, in place of Gary A. Horton, 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 Genesee County is directed to provide Joseph T. Jarzembek, 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: May 12, 2009

PATRICIA L. MORGAN, Clerk