| People ex rel. Breach v Kirkpatrick |
| 2007 NY Slip Op 08732 [45 AD3d 1424] |
| November 9, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, January 16, 2008 |
| The People of the State of New York ex rel. Albert A. Breach,
Appellant, v Robert A. Kirkpatrick, as Superintendent of Wende Correctional Facility,
Respondent. |
—[*1]Judgment unanimously affirmed without costs.
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, Sheila A. DiTullio,
A.J.—Habeas Corpus). Present—Scudder, P.J., Gorski, Centra, Fahey and Green, JJ.