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PEOPLE v. HALLMARK

1249 KA 12-02088

122 A.D.3d 1444 (2014)

995 N.Y.S.2d 530

2014 NY Slip Op 08204

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN M. HALLMARK, Appellant. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 21, 2014.

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.

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]

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