Opinion
1181 KA 09-01300
11-14-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GERALD GIBSON, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. SMALL OF COUNSEL), FOR RESPONDENT.
PRESENT: , SMITH, PERADOTTO, CARNI, AND SCONIERS, JJ.
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, of manslaughter in the first degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. SMALL OF COUNSEL), FOR RESPONDENT.
It is hereby ORDERED that the case is held, the decision is reserved and the matter and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same Memorandum as in People v Gibson ([appeal No. 1] ___ AD3d ____ [Nov. 14, 2014]).
Entered: November 14, 2014
Frances E. Cafarell
Clerk of the Court