January 3, 2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
Cheyenne J. Koons, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Steuben County Court (Marianne Furfure, A.J.), rendered February 18, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the second degree.
ROSEMARIE RICHARDS, SOUTH NEW BERLIN, FOR DEFENDANT-APPELLANT.
BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (AMANDA M. CHAFEE OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Steuben County Court for further proceedings.
Same Memorandum as in People v Koons ([appeal No. 1] ___ A.D.3d ___ [Jan. 3, 2014]).
All concur except Whalen, J., who dissents and votes to affirm in accordance with the same dissenting Memorandum as in People v Koons ([appeal No. 1] ___ A.D.3d ___ [Jan. 3, 2014]).