| THE PEOPLE V DEVONTE S. LIVELY |
| Motion No: KA 13-01192 |
| Slip Opinion No: 2016 NY Slip Op 85691(U) |
| Decided on September 13, 2016 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 13-01192
Indictment No: 2012-0282
| THE PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF, V DEVONTE S.
LIVELY, DEFENDANT-APPELLANT. |
Appellant having moved for the substitution of counsel on an appeal taken from a judgment of the Supreme Court, Monroe County, rendered June 13, 2013, and for other relief,
Now, upon reading and filing the affirmation of Brian Shiffrin, Esq. dated August 17, 2016, the affidavit of Devonte S. Lively sworn to August 12, 2016, and the substitution of counsel signed by Devonte S. Lively sworn to August 12, 2016, David R. Juergens, Esq. and Brian Shiffrin, Esq., the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the order of this Court entered August 29, 2013 is vacated, and defendant may proceed on appeal as a poor person with Brian Shiffrin, Esq. as counsel, and
It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Brian Shiffrin, 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: September 13, 2016
Frances E. Cafarell, Clerk