Judgment unanimously modified on the law, and as so modified affirmed and the proceeding remitted to Erie County Court for resentence under the second count of the indictment in accordance with the memorandum.
Memorandum:
The defendant was convicted of possession of illicit alcoholic beverages under section 151 of the Alcoholic Beverage Control Law. The court suspended sentence. He was also convicted on a second count of the same indictment for the sale of...
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