Opinion
September 21, 1984
Appeal from the Niagara County Court, DiFlorio, J.
Present — Dillon, P.J., Boomer, Green, O'Donnell and Schnepp, JJ.
Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed and matter remitted to Niagara County Court for resentencing pursuant to section 70.02 Penal of the Penal Law.