Opinion
SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1249 KA 12-02088
11-21-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHAWN M. HALLMARK, DEFENDANT-APPELLANT. (APPEAL
R. THOMAS RANKIN, PUBLIC DEFENDER, MAYVILLE (LYLE T. HAJDU OF COUNSEL), FOR DEFENDANT-APPELLANT. DAVID W. FOLEY, DISTRICT ATTORNEY, MAYVILLE (PATRICK E. SWANSON OF COUNSEL), FOR RESPONDENT.
PRESENT: , FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.
Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered October 1, 2012. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree.
R. THOMAS RANKIN, PUBLIC DEFENDER, MAYVILLE (LYLE T. HAJDU OF COUNSEL), FOR DEFENDANT-APPELLANT.
DAVID W. FOLEY, DISTRICT ATTORNEY, MAYVILLE (PATRICK E. SWANSON OF COUNSEL), FOR RESPONDENT.
It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Chautauqua County Court for further proceedings in accordance with the same Memorandum as in People v Hallmark ([appeal No. 1] ___ AD3d ___ [Nov. 21, 2014]).
Entered: November 21, 2014
Frances E. Cafarell
Clerk of the Court