THE PEOPLE V MATTHEW SANDERS
Motion No: KA 08-01312
Slip Opinion No: 2009 NY Slip Op 77452(U)
Decided on May 26, 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 26, 2009

PRESENT: HURLBUTT, J.P., MARTHOCHE, SMITH, CENTRA, AND FAHEY, JJ.

KA 08-01312
Indictment No: 2007-203B

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MATTHEW SANDERS, DEFENDANT-APPELLANT.


The People having moved for the appointment of a special prosecutor to respond to the appeal taken from a judgment of Livingston County Court, rendered on May 1, 2008, on the ground of a conflict of interest,

Now, upon reading and filing the affirmation of Eric R. Schiener, dated April 13, 2009, 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, and

It is further ORDERED that

John A. Cirando, Esq.

101 South Salina Street

Suite 1010

Syracuse, New York 13202

is hereby assigned as special prosecutor to respond to the appeal, and

It is further ORDERED that the Clerk of Livingston County is hereby directed to provide John A. Cirando, Esq. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that respondent's brief shall be filed and served within thirty days of service of the brief of the appellant (22 NCRR 1000.2[d]).

Entered: May 26, 2009

Patricia L. Morgan, Clerk