Order reversed, and the case remitted to Supreme Court, Queens County, for a hearing, preferably before another Justice, on the dissenting opinion by Mr. Justice J. Irwin Shapiro at the Appellate Division. Moreover, it is observed that under CPL 420.10 (subd. 4) an application for resentence may be made at any time.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.