Opinion
Argued December 17, 1974
Decided December 20, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. LEAHY, J.
Robert H. Claridge and William E. Hellerstein for appellant.
Nicholas Ferraro, District Attorney ( Alan M. Snyder of counsel), for respondent.
Order reversed, and the case remitted to Supreme Court, Queens County, for a hearing, preferably before another Justice, on the dissenting opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division. Moreover, it is observed that under CPL 420.10 (subd. 4) an application for resentence may be made at any time.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.