THE PEOPLE V DAVID W. JOHNSON
Motion No: KA 08-02680
Slip Opinion No: 2010 NY Slip Op 76980(U)
Decided on July 2, 2010
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.


July 2, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.

KA 08-02680
Indictment No: 08-04-036

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DAVID W. JOHNSON, DEFENDANT-APPELLANT.


An appeal having been taken to this Court from a judgment of the Ontario County Court rendered September 16, 2008, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affirmation of John E. Tyo, Esq., dated March 4, 2010, 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 pro se supplemental brief filed by appellant, the statement of R. Michael Tantillo, Esq., dated March 8, 2010, 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: July 2, 2010

Patricia L. Morgan, Clerk