Appellate Division of the Supreme Court of the State of New York October 1, 2010 (People v. Mays)

Judgment unanimously affirmed. Counsel’s motion to be relieved of assignment granted (see People v Crawford, 71 AD2d 38 [1979]). (Appeal from Judgment of Erie County Court, Michael F. Pietruszka, J.—Attempted Assault, 2nd Degree). Present—Scudder, P.J., Martoche, Smith, Fahey and Green, JJ.