People v. Pepper

OPINION OF THE COURT

Wachtler, J.

When this case was previously before us, defendant had pleaded guilty to sodomy in the second degree (Penal Law, § 130.45) in satisfaction of a five-count indictment. We determined that our holding in People v Samuels (49 NY2d 218) should be applied retrospectively to cases still in the appellate process at the time that decision was announced, requiring suppression of defendant’s pretrial statement. Accordingly, defendant’s conviction was reversed, his guilty plea was vacated, and the case was remitted to County Court for further proceedings (People v Pepper,…