Judgment insofar as it imposes sentence unanimously reversed on the law and otherwise affirmed and case remitted to Erie County Court for resentence.
Memorandum:
We find that there was an understanding acceptance and consent by the defendant to the plea of guilty to a violation of probation entered on his behalf by his attorney. However the sentence of one year in the Erie County Penitentiary was not an authorized disposition, upon a misdemeanor conviction...
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