People v Bivins
2014 NY Slip Op 06427 [120 AD3d 1573]
September 26, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 29, 2014


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 The People of the State of New York, Respondent, v Johnny B. Bivins, Sr., Appellant.

Shirley A. Gorman, Brockport, for defendant-appellant.

Eric T. Schneiderman, Attorney General, Albany (Hannah Stith Long of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered June 18, 2009. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the second degree.

Now, upon reading and filing the stipulation of discontinuance signed by defendant on July 23, 2014 and by the attorneys for the parties on August 1 and 5, 2014,

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