People v Tooley
2010 NY Slip Op 03649 [72 AD3d 1601]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


The People of the State of New York, Respondent, v Mark D. Tooley, Appellant.

—[*1] Gary A. Horton, Public Defender, Batavia (Bridget L. Field of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 22, 2009. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.

Now, upon reading and filing the stipulation to withdraw brief and discontinue appeal signed by defendant on February 4, 2010 and the attorneys for the parties on March 25 and 26, 2010,

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