Opinion
March 6, 1975
Appeal from the Niagara County Court.
Present — Marsh, P.J., Moule, Mahoney, Del Vecchio and Witmer, JJ.
Judgment unanimously affirmed. Memorandum: In accordance with the holding of the Court of Appeals in People v. McClain and cases decided therein ( 35 N.Y.2d 483), under the circumstances here shown the failure of literal compliance with CPL 380.50 does not require resentencing.