| PEOPLE V JAMES SIMS |
| Motion No: KA 08-00151 |
| Slip Opinion No: 2008 NYSlipOp 93485(U) |
| Decided on December 31, 2008 |
| 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: SCUDDER, P. J., MARTOCHE, SMITH, GREEN, AND GORSKI, JJ.
KA 08-00151
Indictment No: 2007-0578
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES SIMS,
DEFENDANT-APPELLANT. |
An appeal having been taken to this Court from a judgment of the Supreme Court, Erie County, rendered December 21, 2007, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affidavit of Robert L. Kemp, Esq., sworn to September 19, 2008, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, and due deliberation having been had thereon,
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed, and counsel's motion is granted (see People v Crawford, 71 AD2d 38 [1979]).
Entered: December 31, 2008
JoAnn M. Wahl, Clerk