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.
Opinion
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 A.D.3d 1331, 995 N.Y.S.2d 893, 2014 WL 5904908 (Nov. 14, 2014).
SCUDDER, P.J., SMITH, PERADOTTO, CARNI, and SCONIERS, JJ., concur.