Opinion
October 14, 1968
Appeal by defendant from a judgment of the County Court, Nassau County, rendered March 1, 1968 on resentence, convicting him of assault in the second degree, upon a plea of guilty, and sentencing him to an indeterminate prison term of one to three years. Appeal dismissed as academic, in view of the decision in People ex rel. Anderson v. Krueger ( 30 A.D.2d 966). Beldock, P.J., Christ, Hopkins, Munder and Martuscello, JJ., concur.