Opinion
Argued January 6, 1975
Decided January 20, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LISTON F. COON, J.
D. Bruce Crew, III, District Attorney, for appellant-respondent.
James F. Young for respondent-appellant.
Appeals held in abeyance and the case remitted to the Appellate Division, Third Department, to clarify its order of modification based on CPL 470.15 (subds. 2, 3) in the light of the provisions of subdivision 6 of that section (see, also, CPL 470.20, 470.35, subd. 2, par. [c]; cf. People v. Potskowski, 298 N.Y. 299, 303; People v. Rytel, 284 N.Y. 242, 245-246).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.