Judgment insofar as it resentences defendant unanimously reversed, resentence vacated, and matter remitted to Chautauqua County Court for further proceedings on resentence in accordance with the Memorandum.
Memorandum:
After the Clerk asked the question mandated by section 480 of the Code of Criminal Procedure, appellant's attorney said: "You will have to answer no.", whereupon appellant gave that answer. In the light of the attorney's statement this was an...
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