People v. Fiorito (41 A.D.3d 1327, 2007)

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.