| People v Rice |
| 2006 NYSlipOp 06789 |
| September 22, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, November 08, 2006 |
| The People of the State of New York, Respondent, v Robert Rice, Appellant. |
—[*1]Judgment unanimously affirmed. Counsel's motion to be relieved of assignment granted (see People v Crawford, 71 AD2d 38 [1979]). (Appeal from Judgment of Supreme Court, Erie County, Penny M. Wolfgang, J.—Attempted Criminal Possession of a Controlled Substance, 3rd Degree). Present—Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ.