From Casetext: Smarter Legal Research

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1981
80 A.D.2d 647 (N.Y. App. Div. 1981)

Opinion

February 23, 1981


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 29, 1977, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. By order dated February 5, 1979, this court affirmed the judgment, citing People v. Payton ( 45 N.Y.2d 300) and People v Gordon ( 67 A.D.2d 931). Leave to appeal to the Court of Appeals was denied (People v. Gordon, 46 N.Y.2d 1080). 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, supra), decided subsequent to the affirmance by this court (Gordon v. New York, 446 U.S. 903). Judgment affirmed. We reaffirm our previous determination that the rule announced in Payton v. New York (supra) should not be applied retroactively (People v. Whitaker, 79 A.D.2d 668; see United States v. Peltier, 422 U.S. 531; Desist v. United States, 394 U.S. 244; Stovall v Denno, 388 U.S. 293; see, also, People v. Gonzalez 80 A.D.2d 647). Accordingly, the judgment appealed from should be affirmed. Mollen, P.J., Damiani, Margett and Weinstein, JJ., concur.


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1981
80 A.D.2d 647 (N.Y. App. Div. 1981)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE GORDON, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 23, 1981

Citations

80 A.D.2d 647 (N.Y. App. Div. 1981)

Citing Cases

People v. Gordon

On April 21, 1980, the United States Supreme Court vacated this court's order of affirmance and remitted the…

People v. Gonzalez

Judgment affirmed. (See People v. Gordon, 80 A.D.2d 647.) Cohalan, J.P., Margett, O'Connor and Thompson, JJ.,…