Opinion
July 12, 1985
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Dillon, P.J., Hancock, Jr., Doerr, Denman and O'Donnell, JJ.
Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed and defendant remanded to Supreme Court, Erie County, for resentencing, in accordance with the same memorandum as in People v. Ralston ( 112 A.D.2d 758).