| People v Frey |
| 2018 NY Slip Op 00690 [158 AD3d 1086] |
| February 2, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Andrew Frey, Appellant. |
James S. Kernan, Public Defender, Lyons (Robert Tucker of counsel), for defendant-appellant.
Michael Calarco, District Attorney, Lyons (Bruce A. Rosekrans of counsel), for respondent.
Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered October 7, 2016. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class D felony.
Now, upon reading and filing the stipulation of discontinuance signed by defendant on January 8, 2018 and by the attorneys for the parties on January 8 and 9, 2018,
It is hereby ordered that said appeal is unanimously dismissed upon stipulation. Present—Whalen, P.J., Smith, Lindley, DeJoseph and Curran, JJ.