Judgment affirmed as to the conviction; judgment reversed as to the sentence, on the law and as a matter of discretion in the interest of justice, and case remitted to the Criminal Term for resentence in accordance herewith.
The record reveals that prior to being sentenced, defendant-appellant moved that the Judge, who had taken his plea on the weapons charge in February, 1974, disqualify himself because, as a former Assistant District Attorney, the Judge had prosecuted...
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