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

KA 07-01569
Indictment No: 2006-0587

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LUIS A. VELAZQUEZ, JR., DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Monroe County Court, rendered June 8, 2007,

Now, upon reading and filing the affirmation of Donald M. Thompson dated January 13, 2010, the affidavit of Luis A. Velazquez, Jr. sworn to January 21, 2010, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the order of this Court entered September 21, 2007 assigning Edward J. Nowak to represent appellant is vacated, and

It is further ORDERED to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Donald M. Thompson with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based.

Entered: February 16, 2010

Patricia L. Morgan, Clerk