Opinion
February 9, 1976
Judgment of the Supreme Court, Kings County, rendered January 20, 1975, affirmed (People v Darson, 48 A.D.2d 931; People v Mercogliano, 50 A.D.2d 907). Since defendant was sentenced prior to the amendment of section 70.06 Penal of the Penal Law, he is not entitled to the benefit of its provisions. Martuscello, Acting P.J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.