Judgment convicting defendant of two misdemeanor counts in violation of section 1747-e of the Penal Law in the obtaining of barbituate drugs by fraud or deceit, insofar as such judgment sentences the defendant on each count to the New York City Penitentiary to a term of one year, unanimously reversed, on the law and on the facts, to the extent of setting aside the sentence and remanding the case to the Supreme Court, Bronx County, for resentencing; and otherwise the conviction...
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