SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1078 KA 12-00997 PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER CHEYENNE J. KOONS, DEFENDANT-APPELLANT. (APPEAL NO. 2.) 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 ([appeal No. 1] ___ AD3d ___ [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] ___ AD3d ___ [Jan. 3, 2014]). Entered: January 3, 2014 Frances E. Cafarell Clerk of the Court