People v Kernahan
2009 NY Slip Op 00750 [59 AD3d 942]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent, v Hashim Kernahan, Appellant. (Appeal No. 1.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered October 19, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the second degree.

Now, upon reading and filing the stipulation of discontinuance signed by defendant on January 6, 2009 and by the attorneys for the parties on January 9 and 12, 2009,

It is hereby ordered that said appeal is unanimously dismissed upon stipulation. Present—Smith, J.P., Centra, Peradotto and Gorski, JJ.