Opinion
February 25, 1964
The resentence was invalid because defendant was not personally present (Code Crim. Pro., § 473). We do not pass upon relator's other contentions. Order reversed, on the law, writ sustained and relator remanded to the County Court of Albany County for resentence. Gibson, P.J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.