
    The People of the State of New York, Respondent, v Charles Horton, Appellant.
    [769 NYS2d 760]
   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, Pietruszka, J. — Attempted Criminal Possession Controlled Substance, 5th Degree.) Present — Pigott, Jr., PJ, Green, Scudder, Kehoe and Hayes, JJ.  