| People v Gibson |
| 2014 NY Slip Op 07873 [122 AD3d 1332] |
| November 14, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vGerald Gibson, Appellant. (Appeal No. 2.) |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), fordefendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.)rendered March 17, 2009. The judgment convicted defendant, upon his plea of guilty, ofmanslaughter in the first degree.
It is hereby ordered that the case is held, the decision is reserved and the matter andthe matter is remitted to Supreme Court, Erie County, for further proceedings inaccordance with the same memorandum as in People v Gibson ([appeal No. 1]122 AD3d 1331 [Nov. 14, 2014]). Present—Scudder, P.J., Smith, Peradotto, Carni andSconiers, JJ.