BIROWSKI v. STATE, 782 A.2d 262 (Del. 2001)

Birowski v. State.

No. 252, 2001.Supreme Court of Delaware.
July 27, 2001.

Appeal from the Superior Court of the State of Delaware in and for Kent County. Cr.A. Nos. IK98-09-0021-R1, 0022-R1. Def. ID No. 9808009468.

AFFIRMED.

Unpublished Opinion is below.

JOSEPH F. BIROWSKI, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 252, 2001. Supreme Court of Delaware. Submitted: June 22, 2001. Decided: July 27, 2001.

Court Below: Superior Court of the State of Delaware in and for Kent County. Cr.A. Nos. IK98-09-0021-R1, 0022-R1. Def. ID No. 9808009468.

Before WALSH, HOLLAND and BERGER, Justices.

ORDER
This 27th day of July 2001, upon consideration of the appellant’s opening brief and the appellee’s motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of, and for the reasons set forth in, the Commissioner’s Report and Recommendation dated February 28, 2001, as adopted by the Superior Court in its Order dated May 16, 2001.

NOW, THEREFORE, IT IS ORDERED that the State’s motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.