Opinion
October 29, 1976
Appeal from the Erie County Court.
Present — Marsh, P.J., Mahoney, Dillon, Goldman and Witmer, JJ.
Judgment insofar as it imposes sentence unanimously reversed and matter remitted to Erie County Court for resentence in accordance with and for the reasons stated in People v Butler ( 54 A.D.2d 56), and otherwise judgment affirmed.