| THE PEOPLE V DIAMOND LEWIS, ALSO KNOWN AS FACE, |
| Motion No: KA 17-00961 |
| Slip Opinion No: 2017 NY Slip Op 93211(U) |
| Decided on November 21, 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, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 17-00961
Indictment No: 01552-2015
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DIAMOND
LEWIS, ALSO KNOWN AS FACE, DEFENDANT-APPELLANT |
Appellant having moved for the substitution of counsel on an appeal taken from a judgment of the Erie County Court, rendered December 8, 2016, and for other relief,
Now, upon reading and filing the affirmation of Timothy Hennessy, Esq. dated November 7, 2017, the substitution of counsel signed by Timothy Hennessy, Esq. dated July 21, 2017, Tim P. Murphy, Esq., and Diamond Lewis sworn to August 8, 2017, and the affidavit of Diamond Lewis sworn to August 7, 2017, the notice of motion with proof of due service thereof, the statement of Donna A. Milling, Esq. dated November 14, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the order of this Court is entered June 15, 2017 is vacated, and defendant may proceed on appeal as a poor person with Timothy Hennessy, Esq. as counsel, and
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide Timothy Hennessy, 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: November 21, 2017
Mark W. Bennett, Clerk