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

KA 09-02123 AND KA 14-00675
Indictment Nos: 2008-0866
KA 14-00473
Indictment No: 09-01-018

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JESSIE J. BARNES, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JESSE J. BARNES, DEFENDANT-APPELLANT.

Appellant having moved for the appointment of a specific attorney to prosecute the appeal taken from the judgment of Monroe County Court, rendered August 31, 2009, and for other relief,

Now, upon reading and filing the affidavit of Jessie Barnes sworn to August 20, 2014, the notice of motion with proof of service thereof, the affirmation of Nancy Gilligan, Esq. dated September 18, 2014, and the affirmation of Jeffrey L. Taylor, Esq. dated September 19, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks the assignment of a specific attorney to prosecute the appeal taken from the judgment of Monroe County Court, rendered August 31, 2009 (KA 09-02123) is denied (see County Law § 722), and

It is further ORDERED that the request for assignment to prosecute the appeal taken from the judgment of Monroe County Court, rendered August 31, 2009 is granted to the extent that the Monroe County Assigned Counsel Administrator is directed to provide this Court with an attorney who is willing and able to accept this assignment, and

It is further ORDERED that the ordering paragraph of the order of this Court entered July 7, 2014 is hereby amended by striking therefrom the date September 5, 2014 and inserting in place thereof the date January 26, 2015, and

It is further ORDERED that the motion is otherwise denied.

Entered: October 24, 2014

Frances E. Cafarell, Clerk