People v Vanalst

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People v Vanalst 2013 NY Slip Op 06145 Released on September 27, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, AND VALENTINO, JJ.
890.1 KA 12-01643

[*1]THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,

v

FRANK VANALST, ALSO KNOWN AS SHAUN JOHNSON, DEFENDANT-RESPONDENT.


Appeal from an order of the Ontario County Court (Frederick G. Reed, A.J.), entered April 9, 2012. The appeal was held by this Court by order entered February 8, 2013, decision was reserved and the matter was remitted to Ontario County Court for further proceedings (103 AD3d 1227).


R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (BRIAN D. DENNIS OF COUNSEL), FOR APPELLANT.
HOFFMANN, HUBERT & HOFFMANN, LLP, SYRACUSE (TERRANCE J. HOFFMANN OF COUNSEL), FOR DEFENDANT-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance signed by defendant on May 23, 2013 and by the attorneys for the parties on May 23 and August 19, 2013,


It is hereby ORDERED that said appeal is unanimously dismissed upon stipulation.
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court

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