THE PEOPLE V DARYL CATES
Motion No: KA 12-01695
Slip Opinion No: 2014 NY Slip Op 64887(U)
Decided on February 7, 2014
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.


February 7, 2014

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.

KA 12-01695
SCI No: 01293I-2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DARYL CATES, DEFENDANT-APPELLANT.


An appeal having been taken to this Court from a judgment of the Supreme Court, Erie County, rendered September 5, 2012, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Robert L. Kemp, Esq., sworn to October 17, 2013, 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 statement of Donna A. Milling, Esq., dated October 22, 2013, 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: February 7, 2014

Frances E. Cafarell, Clerk