Opinion
January 25, 1974
Appeal from the Erie County Court.
Present — Marsh, P.J., Cardamone, Simons, Mahoney and Goldman, JJ.
Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Erie County Court for resentencing, and otherwise judgment affirmed. Memorandum: The matter is remitted solely for the purpose of resentence in compliance with CPL 380.50 ( People ex rel. Miller v. Martin, 1 N.Y.2d 406; People v. Herndon, 41 A.D.2d 698). We have considered the remaining contentions of the appellant and find that they are without merit.