PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 15-00941
Indictment No: 2013-0459

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROBERT MCFADDEN, ALSO KNOWN AS JOHN DOE, DEFENDANT-APPELLANT.

Appellant having moved for reassignment of counsel on the appeal taken from the judgment of Monroe County Court, rendered December 2, 2014,

Now, upon reading and filing the affidavit of Robert McFadden sworn to July 11, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and Charles Thomas Noce, Esq., Conflict Defender, 80 W. Main Street, Suite 300, Rochester, New York 14614, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of Monroe County Court, rendered December 2, 2014, in place of Timothy P. Donaher, 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 Monroe County is directed to provide Charles Thomas Noce, 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 records and briefs are to be filed and served on or before December 7, 2016.

Entered: September 8, 2016

Frances E. Cafarell, Clerk