*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 142

KA 14-00067

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. 3.)

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 issuing a bad check.

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