People v Lowman, Benjamin
Motion No: 2006-05019
Slip Opinion No: 2007 NYSlipOp 63509(U)
Decided on February 20, 2007
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M50933

E/nl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

DANIEL D. ANGIOLILLO, JJ.

2006-05019

The People, etc., respondent,

v Benjamin Lowman, appellant.

(Ind. No. 05-01141)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered April 25, 2006, to be relieved on the ground that he has filed a brief in accordance with Anders v California (386 US 738).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as unnecessary as assigned counsel has sought to be relieved in conjunction with his filing of the appellant's brief in accordance with Anders v California (386 US 738).

MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court