Opinion
Argued December 7, 1970
Decided January 7, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH JIUDICE, J.
Ronald E. Johnson for appellant.
Albert M. Rosenblatt, District Attorney, for respondent.
Upon the appeal from the order and judgment (one paper): Judgment modified by remitting the case to the County Court of Dutchess County for resentencing upon compliance with paragraph (b) of subdivision 3 of section 70.00 of the Penal Law, and, as so modified, affirmed. Appeal from the order affirming the denial of defendant's coram nobis application dismissed as moot.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.