Judgment insofar as it imposes sentence upon defendant unanimously reversed, sentence vacated, and matter remitted to Ontario County Court for proceedings on resentence in accordance with the memorandum.
Memorandum:
The defendant was convicted of violation of subdivision 5 of section 242 of the Penal Law, assault second degree, and was sentenced March 20, 1964, to an indeterminate term of one day to life. While prior to sentence a
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