| PEOPLE V HENDELL PHILLIPS |
| Motion No: KA 09-00579 |
| Slip Opinion No: 2010 NY Slip Op 80658(U) |
| Decided on August 20, 2010 |
| 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. |
PRESENT: MARTOCHE, J.P., PERADOTTO, LINDLEY, PINE, AND GORSKI, JJ.
KA 09-00579
Indictment No: 2007-0188R
| PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, V
HENDELL PHILLIPS, DEFENDANT-APPELLANT. |
Appellant having moved for the substitution of counsel on an appeal taken from a judgment of the Supreme Court, Erie County rendered March 9, 2009, and for other relief,
Now, upon reading and filing the affirmations of Thomas J. Eoannou, dated July 8, 2010 and July 14, 2010, the notice of motion with proof of due service thereof, the affidavit of Douglas A. Goerss, Esq. sworn to July 13, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the order of this Court is entered June 22, 2009 is vacated, and defendant may proceed on appeal as a poor person with Thomas J. Eoannou as counsel, and
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide Thomas J. Eoannou with copies of all papers and stenographic transcripts, digitally recorded or audiotaped minutes, if any, of the proceedings upon which the appeal is based.
Entered: August 20, 2010
Patricia l. morgan, Clerk