PEOPLE V TERTIUS LOVETT
Motion No: KA 05-02522
Slip Opinion No: 2009 NY Slip Op 71738(U)
Decided on April 24, 2009
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.


April 24, 2009

PRESENT: SCUDDER, P. J., SMITH, FAHEY, CARNI, AND PINE, JJ.

KA 05-02522
SCI No: 2004-4135

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TERTIUS LOVETT, DEFENDANT-APPELLANT.


An appeal having been taken to this Court from a judgment of the Supreme Court, Monroe County, rendered on June 3, 2005, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affirmation of Timothy S. Davis, Esq., dated January 22, 2009, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, the statement of Stephen X. O'Brien, Esq., dated February 23, 2009, 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: April 24, 2009

Patricia L. Morgan, Deputy Clerk