Appellate Division of the Supreme Court of the State of New York November 15, 2002 (People v. Stephens)

An appeal hav*823ing been taken from a judgment of Supreme Court, Erie County (Tills, J.), entered February 4, 2000, convicting defendant upon his plea of guilty of attempted robbery in the first degree, and this Court on February 1, 2002 having held the case, reserved decision and remitted the matter to Supreme Court for further proceedings in accordance with a memorandum (291 AD2d 841), and