Birowski v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOSEPH F. BIROWSKI, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 252, 2001 Court Below Superior Court of the State of Delaware in and for Kent County in Cr.A. Nos. IK98-09-0021-R1, 0022-R1. Def. ID No. 9808009468 Submitted: June 22, 2001 Decided: July 27, 2001 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. BY THE COURT: /s/ Randy J. Holland Justice

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