People v. Tubbins , 771 N.Y.S.2d 788 ( 2004 )

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, Ronald H. Tills, A.J.—Criminal Possession Controlled Substance, 5th Degree.) Present—Pigott, Jr., P.J., Wisner, Hurlbutt, Scudder and Kehoe, JJ.