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

KA 13-00171
Indictment No: I12-125

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V WAYNE L. IRVING, DEFENDANT-APPELLANT.

Appellant having moved for reassignment of counsel for the appeal taken from a judgment of the Oneida County Court, rendered October 25, 2012,

Now, upon reading and filing the affidavit of Wayne Irving sworn to May 20, 2013, the statement of Patrick J. Marthage, Esq. dated May 28, 2013, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and Frank J. Nebush, Jr., Esq. is relieved of his assignment, and

It is further ORDERED that, Christopher J. Pelli, Esq., 3 Derbyshire Place, Utica, New York 13501 is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Oneida County Court rendered October 25, 2012, in place of Frank J. Nebush, Jr., 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 Oneida County is directed to provide Christopher J. Pelli, 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 October 15, 2013.

Entered: July 15, 2013

Patricia L. Morgan, Clerk