Opinion
2014-11-21
The PEOPLE of the State of New York, Respondent, v. Shawn M. HALLMARK, Defendant–Appellant. (Appeal No. 2.).
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.
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), ––– A.D.3d ––––, ––– N.Y.S.2d ––––, 2014 WL 6509072 (Nov. 21, 2014). CENTRA, J.P., FAHEY, CARNI, SCONIERS, and VALENTINO, JJ., concur.