APPELLATE DIVISION DOCKET NO. KA 08-00379
Inmate # 08-B-0070, MARCY CORRECTIONAL FACILITY
Indictment No. 07-20

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARK D. SANDS, DEFENDANT-APPELLANT.

An order having been entered on March 5, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Stephen J. Bird, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Stephen J. Bird, Esq., dated May 7, 2009,

It is hereby ORDERED that Joseph T. Jarzembek, Esq., 1066 Englewood Avenue, Buffalo, New York 14223, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Orleans County Court, rendered January 7, 2008, in place of Stephen J. Bird, 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 Orleans 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, and

It is further ORDERED that said record and briefs are to be filed and served on or before September 29, 2009.

Entered: May 29, 2009

PATRICIA L. MORGAN, Clerk