Opinion
February 23, 1981
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 30, 1975, convicting him of criminal possession of a dangerous drug in the third degree, upon his plea of guilty, and imposing sentence. By order dated May 8, 1978, this court affirmed the judgment citing CPL 140.15 (subd 4) and CPL 120.80 (subd 5) (People v. Gonzalez, 63 A.D.2d 686). Leave to appeal to the Court of Appeals was denied (People v. Gonzalez, 45 N.Y.2d 780). On April 21, 1980 the United States Supreme Court vacated the judgment and remanded the case to this court for further consideration in light of Payton v. New York ( 445 U.S. 573, revg People v. Payton, 45 N.Y.2d 300), decided subsequent to the affirmance by this court (Gonzalez v. New York, 446 U.S. 902). Judgment affirmed. (See People v. Gordon, 80 A.D.2d 647.) Cohalan, J.P., Margett, O'Connor and Thompson, JJ., concur.