| People v Rivera |
| 2004 NY Slip Op 09775 [13 AD3d 1232] |
| Decided on December 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, J.P., KEHOE, MARTOCHE, SMITH, AND LAWTON, JJ.
1739 KA 04-00379
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
BENJAMIN RIVERA, DEFENDANT-APPELLANT.
Appeal from a judgment of the Wyoming County Court (Mark H. Dadd, J.), rendered December 11, 2003. The judgment convicted defendant, upon his plea of guilty, of attempted promoting prison contraband in the first degree.
NORMAN P. EFFMAN, PUBLIC DEFENDER, ATTICA, FOR DEFENDANT-APPELLANT.
GERALD L. STOUT, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance signed by defendant on August 24, 2004 and by the attorneys for the parties on August 26 and 30, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court