| People v Gibson |
| 2014 NY Slip Op 07873 [122 AD3d 1332] |
| November 14, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Gerald Gibson, 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.
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.
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] 122 AD3d 1331 [Nov. 14, 2014]). Present—Scudder, P.J., Smith, Peradotto, Carni and Sconiers, JJ.