People v Bivins

People v Bivins 2014 NY Slip Op 06427 Decided on September 26, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 26, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., CARNI, SCONIERS, AND WHALEN, JJ.
913 KA 09-02094

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

v

JOHNNY B. BIVINS, SR., DEFENDANT-APPELLANT.

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.

SHIRLEY A. GORMAN, BROCKPORT, FOR DEFENDANT-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (HANNAH STITH LONG OF COUNSEL), FOR RESPONDENT.

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.

Entered: September 26, 2014

Frances E. Cafarell

Clerk of the Court