| THE PEOPLE V JAMIRE Y. BARBER |
| Motion No: KA 15-00947 |
| Slip Opinion No: 2017 NY Slip Op 76256(U) |
| Decided on June 1, 2017 |
| 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, DEJOSEPH, TROUTMAN, AND SCUDDER, JJ.
KA 15-00947
Indictment No: 2013-1329D
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMIRE Y. BARBER,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved for the disqualification of the Erie County District Attorney's Office on the appeal taken from the judgment of Supreme Court, Erie County, rendered February 17, 2015,
Now, upon reading and filing the affidavit of Kristin M. Preve, Esq. sworn to May 15, 2017, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to May 16, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice, and
It is further ORDERED that the appeal shall be added to the day calendar for September 13, 2017.
Memorandum: A superior criminal court in the county wherein the action is triable is empowered to grant a request for the appointment of a special prosecutor pursuant to Section 701 of County Law (see People v Davis, 100 AD2d 747).
Entered: June 1, 2017
Frances E. Cafarell, Clerk