Majority
p. 850The People of the State of New York, Respondent, v. Robert L. Porter, Appellant.
Judgment, Supreme Court, Bronx County, rendered on January 3, 1973, unanimously reversed, on consent of the People and on the law, insofar as it imposes sentence, the sentence vacated and the matter remanded for resentencing only, “based upon an up-to-date probation report” (see People v. Rivera, 44 A D 2d 551 ), and otherwise affirmed. No opinion. Concur —■ Markewich, J. P., Murphy, Lupiano and Steuer, JJ.