Judgment unanimously modified to the extent of vacating the resentence imposed on June 8, 1966 and matter remitted to Erie County Court for resentence.
Memorandum:
In 1956 appellant was sentenced as a third felony offender. Subsequently, and in February, 1966 an order of a United States District Court vacated one of the prior judgments of conviction upon which the third felony information had been based. On June 8, 1966 defendant was resentenced as a second...
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