THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GERALD GIBSON, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 09–01300

Decided: November 14, 2014

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, CARNI, AND SCONIERS, JJ.

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.

MEMORANDUM AND ORDER

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] ).

Frances E. Cafarell

Clerk of the Court

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