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32 A.D.3d 1279

People v. Warney

Appellate Division of the Supreme Court of the State of New York · decided 2006-09-29

Decided 2006-09-29

¶1Appeal from an *1280order of the Supreme Court, Monroe County (Francis A. Affronti, J.), entered December 15, 2004. The order denied defendant’s motion for postconviction DNA testing of certain evidence.

¶2Now, upon reading and filing the voluntary withdrawal of appeal sworn to by defendant on May 31, 2006, signed by the attorneys for the parties and filed June 15, 2006,

¶3It is hereby ordered that said appeal be and the same hereby is unanimously dismissed upon stipulation. Present — Hurlbutt, J.E, Gorski, Martoche and Pine, JJ.

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