Opinion
KA 13-00183 Indictment No: 2011-02453
09-09-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANDREW T. SPEARS, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of Supreme Court, Erie County rendered January 12, 2013, and for other relief,
Now, upon reading and filing the affirmation of David J. Pajak, Esq. dated August 14, 2013, the notice of motion with proof of service thereof, the affidavit of Andrew Spears sworn to June 13, 2013, and the notice of Substitution of Counsel signed by Barbara J. Davies, Esq. on August 9, 2013, and signed by Andrew Spears on July 31, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon the filing and serving of a motion containing a substitution of counsel form signed by defendant, assigned counsel and retained counsel, an affidavit from defendant establishing indigency and an affirmation from counsel explaining the facts relating to the retaining of his services and the source of the retainer fee.
Frances E. Cafarell, Clerk