Opinion
April 9, 1964
Judgment of conviction unanimously modified on the law to the extent of vacating the sentence imposed on the Twelfth count and as so modified affirmed. It is conceded by the People that appellant, following trial, was acquitted of the crime charged in the Twelfth count of the indictment. It follows that sentence was improperly imposed thereon.
Concur — Breitel, J.P., McNally, Stevens, Steuer and Bastow, JJ.