| People v Fiorito |
| 2007 NY Slip Op 05119 [41 AD3d 1327] |
| June 8, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 15, 2007 |
| The People of the State of New York, Respondent, v Brian Fiorito, 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 Burglary, 2nd Degree). Present—Scudder, P.J., Martoche, Smith, Centra and Peradotto, JJ.