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

KA 14-00574
SCI No: S11-161
KA 14-00575
Indictment No: I11-290

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN BYNG, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN V. BYNG, DEFENDANT-APPELLANT.

Appellant having moved for reassignment of counsel on the appeals taken from the judgments of the Oneida County Court, rendered September 8, 2011 and September 2, 2011, and for other relief,

Now, upon reading and filing the affidavits of Kevin V. Byng sworn to July 28, 2014 and September 19, 2014, the notices of motion with proof of service thereof, the statement of Kevin V. Byng dated September 8, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion seeking reassignment of counsel is granted, and Jeremy Alexander, Esq., 285 Genesee Street, Utica, New York 13502, is substituted as counsel to conduct the above-entitled appeals taken from the judgments of the Oneida County Court, rendered September 8, 2011 and September 2, 2011, in place of Frank J. Nebush, Jr., Esq., and the appeals may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's briefs reproduced pursuant to CPLR 5529, and

It is further ORDERED the that Clerk of Oneida County is directed to provide Jeremy Alexander, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeals are based, and

It is further ORDERED that said records and briefs are to be filed and served on or before January 26, 2015, and

It is further ORDERED that the motion seeking permission to file less than the required number of pro se supplemental briefs for said appeals is denied.

Entered: October 28, 2014

Frances E. Cafarell, Clerk