People v SCI No. 2651/09 Case No. 34898C/09

Motion No: M-2132

Slip Opinion No: 2017 NYSlipOp 74563(U)

Decided on May 23, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

May 23, 2017

The People of the State of New York,

Respondent,

v

SCI No. 2651/09

Case No. 34898C/09

Earl Smith,

Defendant-Appellant.

An appeal having been taken from the judgment of the Supreme Court, Bronx County, rendered on or about April 14, 2014, Now, upon reading and filing the stipulation of the parties hereto, dated April 3, 2017, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. ENTERED: May 23, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,Peter Tom, David Friedman John W. Sweeny, Jr.,Justices

M-2132