| THE PEOPLE V JAMES BALDWIN |
| Motion No: KA 10-01859 |
| Slip Opinion No: 2011 NY Slip Op 62950(U) |
| Decided on January 26, 2011 |
| 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: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 10-01859
Indictment No: 2009-1297
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES
BALDWIN, DEFENDANT-APPELLANT. |
Appellant having moved for the substitution of counsel for an appeal taken from a judgment of the Supreme Court, Erie County rendered August 13, 2010, and for other relief,
Now, upon reading and filing the affirmation of Anthony J. Lana, Esq. dated January 5, 2011, the notice of motion with proof of due service thereof, the affidavit of James Baldwin sworn to September 22, 2010 and the substitution of counsel sworn to December 9, 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 October 22, 2010 is vacated, and
It is further ORDERED that defendant may proceed on appeal as a poor person with Anthony J. Lana, Esq. as counsel, and
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide Anthony J. Lana, Esq. 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: January 26, 2011
Patricia l. morgan, Clerk