Appellate Division of the Supreme Court of the State of New York October 1, 2002 (People v. Rushing)

—Judgment unanimously affirmed. Counsel’s motion to be relieved of assignment granted (see People v Crawford, 71 AD2d 38). (Appeal from *1003Judgment of Orleans County Court, Noonan, J. — Assault, 2d Degree.) Present — Pigott, Jr., P.J., Wisner, Scudder, Kehoe and Burns, JJ.