THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DALE R. HORN, DEFENDANT–APPELLANT. (APPEAL NO. 1.)

KA 10–01222

Decided: April 29, 2011

PRESENT:  SMITH, J.P., CENTRA, PERADOTTO, GORSKI, AND MARTOCHE, JJ. RICHARD J. SHERWOOD, LANCASTER, FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING OF COUNSEL), FOR RESPONDENT.

ORDER

Now, upon reading and filing the stipulation discontinuing appeal signed by defendant and the attorneys for the parties on April 4, 2011,

It is hereby ORDERED that said appeal is unanimously dismissed upon stipulation.

Patricia L. Morgan

Clerk of the Court