| People v Marsceill |
| 2005 NY Slip Op 02083 [16 AD3d 1180] |
| Decided on March 18, 2005 |
| 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 March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: KEHOE, J.P., GORSKI, MARTOCHE, SMITH, AND PINE, JJ.
293 KA 03-00307
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
LELAND M. MARSCEILL, JR., DEFENDANT-APPELLANT.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered March 14, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.
GARY A. HORTON, PUBLIC DEFENDER, BATAVIA (BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.
LELAND M. MARSCEILL, JR., DEFENDANT-APPELLANT PRO SE.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance signed by defendant on December 22, 2004 and by the attorneys for the parties on December 20, 2004 and January 6, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed upon stipulation.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court