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 Criminal Possession of Controlled Substance, Fifth Degree). Present—Pigott, Jr., EJ., Green, Gorski, Pine and Lawton, JJ.