THE PEOPLE V HERBERT L. THOMAS Indictment No: 5775
Motion No: KA 08-01504
Slip Opinion No: 2009 NY Slip Op 71742(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 08-01504

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

HERBERT L. THOMAS, DEFENDANT-APPELLANT.

Indictment No: 5775


An appeal having been taken to this Court from a judgment of the Wyoming County Court rendered January 15, 2008, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Neal J. Mahoney, Esq., sworn to January 9, 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, 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