Opinion
KA 02-01709.
December 31, 2003.
Appeal from a judgment of Supreme Court, Erie County (Rossetti, J.), entered June 21, 2002, convicting defendant after a nonjury trial of assault in the third degree (six counts) and endangering the welfare of a child (two counts).
ALAN BIRNHOLZ, AMHERST, FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DON I. DALLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HURLBUTT, AND KEHOE, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed ( see People v. Balkum, 288 A.D.2d 910).