People v Rivera
2009 NY Slip Op 08411 [67 AD3d 1447]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


The People of the State of New York, Respondent, v Harold J. Rivera, Appellant.

—[*1] Davison Law Office, Canandaigua (Mary P. Davison of counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Brian D. Dennis of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered October 16, 2007. The judgment convicted defendant upon his plea of guilty of, inter alia, criminal possession of a controlled substance in the third degree.

Now, upon reading and filing the stipulation of discontinuance signed by defendant on August 4, 2009 and by the attorneys for the parties on August 4 and 18, 2009,

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