Judgment unanimously modified on the law and facts in accordance with the memorandum herein and as modified affirmed.
Memorandum:
In 1959 defendant, then 19 years of age, was convicted on his plea of guilty in Wayne County Court of carnal abuse of a child under ten years of age (Penal Law, § 483-a) and sentenced to an indeterminate term of one-day-to-life. In 1968, following a habeas corpus proceeding, he was returned to Wayne County Court for resentence...
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