*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 143

KA 14-00068

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND VALENTINO, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER JAMES H. SCHOLZ, DEFENDANT-APPELLANT.

(APPEAL NO. 4.)

ADAM H. VAN BUSKIRK, AUBURN, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Cayuga County Court (Mark H.

Fandrich, A.J.), rendered May 28, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the second degree.

It is hereby ORDERED that said appeal is unanimously dismissed. Same memorandum as in People v Scholz ([appeal No. 2] ___ AD3d ___ [Feb. 13, 2015]).

Entered: February 13, 2015 Frances E. Cafarell

Clerk of the Court