Majority
p. 985The People of the State of New York, Respondent, v. James Reynolds Woods, Appellant.
Judgment insofar as it imposes sentence unanimously reversed, on the law, and otherwise judgment affirmed, and matter remitted to Erie County Court -for further proceedings in accordance with the following memorandum: The appellant is remanded solely for the purpose of resentencing after the sentencing court has complied with the mandate of CPL 380.50 (People v. Herndon, 41 A D 2d 698 ). (Appeal from judgment of Erie County Court, convicting defendant of attempted burglary, third degree.) Present — Marsh, P. J., Moule, Cardamone, Mahoney and Goldman, JJ.