People v. Herndon

Judgment insofar as it imposes, sentence unani-. mously. reversed, on the law, and matter remitted to Supreme Court, Erie County, for'resentencing in "accordance with the following Memorandum: The matter is remitted solely for--the-purpose of resentencing after , the sentencing'.court complies'with CPL 380.50. (See People ex rel. Miller v. Martin, 1 N Y 2d ,406; People ex rel. D’Agostino v. Murphy, 20 A D 2d 756.) We have considered.the appellants contention that the'.sentence was. excessive-'and. find- no. error in, that respect. '..('Appeal from judgment of' Supreme . Court,'.Erie County ■ convicting, defendant of . criminal possession.1 óf. a .forged instrument, second'' degree.) , Present ^-Goldman, P,: J., Marsh, Cardamone, Simons and Henry, JJ. • •' ■ ' ■ • ,'' ...