Legal Opinion
People v. Becker
Appellate Division of the Supreme Court of the State of New York
Decided May 26, 1981Published
1Opinion of the Court
— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered October 17, 1980, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence. Judgment affirmed and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). We reaffirm our previous determination that the rule announced in Payton v New York (445 US 573, revg People v Payton, 45 NY2d 300) should not be applied retroactively (People v Whitaker, 79 AD2d 668; People v Gordon, 80 AD2d 647; People v Gonzalez, 80 AD2d 647; see…
2Cases cited7 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Stovall v. DennoSupreme Court of the United States · 1967
- Desist v. United StatesSupreme Court of the United States · 1969
- United States v. PeltierSupreme Court of the United States · 1975
- People v. PaytonNew York Court of Appeals · 1978
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