Appellate Division of the Supreme Court of the State of New York February 11, 2004 (People v. Pitsley)

Appeal from a judgment of the Oswego County Court (John J. *842Elliott, J.), rendered October 30, 2001. The appeal was held by this Court by order entered December 30, 2002, decision was reserved and the matter was remitted to the Oswego County Court for further proceedings in accordance with a memorandum (300 AD2d 1010 [2002]). The proceedings were held and completed before Walter W Hafner, Jr.