People v Cubero
2009 NY Slip Op 07067 [66 AD3d 1488]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent, v Ariel Cubero, Jr., Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (Drew R. DuBrin of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered January 31, 2006. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree.

Now, upon reading and filing the stipulation of discontinuance signed by defendant on September 16, 2009 and by the attorneys for the parties on September 16 and 17, 2009,

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