Opinion
September 26, 1974
Appeal from the Erie County Court.
Present — Marsh, P.J., Moule, Cardamone, Mahoney and Goldman, JJ.
Judgment insofar as it imposes sentence unanimously reversed, on the law, and otherwise judgment affirmed, and matter remitted to Erie County Court for further proceedings in accordance with the following memorandum: The appellant is remanded solely for the purpose of resentencing after the sentencing court has complied with the mandate of CPL 380.50 ( People v. Herndon, 41 A.D.2d 698).