People v Hallmark

People v Hallmark 2015 NY Slip Op 05832 Decided on July 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., CARNI, SCONIERS, AND VALENTINO, JJ.
855 KA 12-02088

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

SHAWN M. HALLMARK, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

NATHANIEL L. BARONE, 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 appeal was held by this Court by order entered November 21, 2014, decision was reserved and the matter was remitted to Chautauqua County Court for further proceedings (122 AD3d 1444).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Hallmark ([appeal No. 1] ___ AD3d ___ [July 2, 2015]).

Entered: July 2, 2015

Frances E. Cafarell

Clerk of the Court