Majority
p. 733The People of the State of New York, Appellant, v Emil Skrlin, Respondent.
— 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 of the Penal Law. (Appeal from judgment of Niagara County Court, DiFlorio, J. — robbery, second degree, and other charges.) Present — Dillon, P. J., Boomer, Green, O’Donnell and Schnepp, JJ.