THE PEOPLE EX REL., DAVID GARCIA V MARK BRADT, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY
Motion No: KAH 11-00663
Slip Opinion No: 2012 NY Slip Op 76067(U)
Decided on June 8, 2012
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.


June 8, 2012

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND SCONIERS, JJ.

KAH 11-00663
Index No: 21048-10

THE PEOPLE OF THE STATE OF NEW YORK EX REL., DAVID GARCIA,

PETITIONER-APPELLANT,

V

MARK BRADT, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY,

RESPONDENT-RESPONDENT.


An appeal having been taken to this Court from a judgment of the Supreme Court Wyoming County, entered January 4, 2011, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Norman P. Effman, Esq., sworn to March 12, 2012, 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 the statements of David Garcia, dated March 20, 2012, and April 5, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed, and counsel's motion is granted (see People v Crawford, 71 AD2d 38 [1979]).

Entered: June 8, 2012

Frances E. Cafarell, Clerk