Opinion
October 31, 1968
Appeal from the Cattaraugus County Court.
Present — Bastow, P.J., Williams, Del Vecchio, Marsh and Witmer, JJ.
Order unanimously reversed and judgment insofar as it imposed sentence vacated and matter remitted to Cattaraugus County Court for a hearing in accordance with the following Memorandum: The court shall conduct a hearing as to the sentence to be imposed upon such conviction in accordance with People v. Bailey ( 21 N.Y.2d 588) and thereupon resentence defendant in the light of the evidence adduced at such hearing. (See, also People v. Schaap, 28 A.D.2d 1202.)