Judgment rendered September 10, 1976 as to defendant Ostin affirmed. Judgment rendered September 17, 1976 as to defendant Wirth affirmed as to the conviction; judgment reversed as to the sentence, as a matter of discretion in the interest of justice, and case remanded to Criminal Term for resentencing of defendant Wirth in accordance herewith.
Since the defendants were represented at the trial by the same attorney, the trial court should have ascertained, on the record...
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