It appears, then, that summary orders of the United States Supreme Court which remand for reconsideration in light of new exclusionary rule decisions are not to be taken as an expression of the Supreme Court’s view on retroactivity. State v. Carpentieri, 82 N.J. 546, 414 A.2d 966 (1980). The issue of whether Payton is or is not retroactive must be decided under the appropriate analysis, see, e.g., United States v. Peltier, 422 U.S. 531, 95 S.Ct. 2313, 45 L.Ed.2d 374 (1975); Kaiser v. New York, 394 U.S. 280, 89 S.Ct. 1044, 22 L.Ed.2d 274 (1969); Desist v. United States, 394 U.S. 244, 89 S.Ct. 1030, 22 L.Ed.2d 248 (1969); Fuller v. Alaska, 393 U.S. 80, 89 S.Ct. 61, 21 L.Ed.2d 212 (1968), not the one made in Busch. 1 . See People v. Graham, 76 App.Div.2d 228, 431 N.Y.S.2d 209 (1980) (<HOLDING>). While I share the doubt, this case, as I have
holding apprendi is not retroactive holding under a traditional analysis that payton is not retroactive holding that the act is retroactive holding that the act is not retroactive holding retroactive application