People v Hallmark

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People v Hallmark 2014 NY Slip Op 08204 Decided on November 21, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.
1249 KA 12-02088

[*1]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.



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



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