THE PEOPLE V WILLARD BAILEY
Motion No: KA 12-01348
Slip Opinion No: 2013 NY Slip Op 95241(U)
Decided on December 23, 2013
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.


December 23, 2013

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

KA 12-01348
Indictment No: I12-015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

WILLARD BAILEY, DEFENDANT-APPELLANT.


Appellant having moved for the substitution of counsel on an appeal taken from a judgment of the Oneida County Court, rendered July 9, 2012, and for other relief,

Now, upon reading and filing the affidavit of Mark C. Curley, Esq. sworn to December 2, 2013, the consent of substitution of attorney signed by Patrick Marthage, Esq. dated November 27, 2013, Mark C. Curley, Esq. sworn to November 15, 2013 and Willard Bailey sworn to November 19, 2013, the notice of motion with proof of due service thereof, the affidavit of Willard Bailey sworn to November 19, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the order of this Court entered August 8, 2012 is vacated, and defendant may proceed on appeal as a poor person with Mark C. Curley, Esq. as counsel, and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide Mark C. Curley, 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: December 23, 2013

Frances E. Cafarell, Clerk