Opinion
January 11, 1980
Appeal from the Ontario County Court.
Present — Simons, J.P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.
Judgment insofar as it imposes sentence unanimously modified, as a matter of discretion in the interest of justice, to eliminate the minimum sentence and reduce the maximum to four years and otherwise judgment affirmed, without prejudice to defendant's moving pursuant to CPL 440.10 (subd 1, par [e]) to vacate the judgment.