Opinion
February 28, 1973
Appeal from the Supreme Court, Erie County.
Present — Goldman, P.J., Marsh, Cardamone, Simons and Henry, JJ.
Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Supreme Court, Erie County, for resentencing in accordance with the following Memorandum: The matter is remitted solely for the purpose of resentencing after the sentencing court complies with CPL 380.50. (See People ex rel. Miller v. Martin, 1 N.Y.2d 406; People ex rel. D'Agostino v. Murphy, 20 A.D.2d 756.) We have considered the appellant's contention that the sentence was excessive and find no error in that respect.