Majority
p. 738The People of the State of New York, Respondent, v Ernest Abarnathy, Also Known as Ernest Washington, Appellant.
Judgment insofar as it imposes sentence on the conviction for burglary, second degree, unanimously modified, as a matter of discretion, in the interest of justice, by reducing the sentence to a term of zero to seven years and otherwise judgment affirmed. (Appeal from judgment of Erie County Court—burglary, second degree, etc.) Present—Marsh, P. J., Moule, Cardamone, Goldman and Witmer, JJ.