People v Koons
2014 NY Slip Op 00003 [113 AD3d 1065]
January 3, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Cheyenne J. Koons, Appellant. (Appeal No. 2.)

—[*1] Rosemarie Richards, South New Berlin, for defendant-appellant.

Brooks T. Baker, District Attorney, Bath (Amanda M. Chafee of counsel), for respondent.

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.

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 (113 AD3d 1063, 2014 NY Slip Op 00002 [2014]).

All concur except Whalen, J., who dissents and votes to affirm in accordance with the same dissenting memorandum as in People v Koons (113 AD3d 1063, 2014 NY Slip Op 00002 [2014]). Present—Smith, J.P., Peradotto, Carni, Valentino and Whalen, JJ.