Judgment of conviction rendered on February 28, 1978 (KIDDER, J., at trial and sentence) modified, on the law, with respect to the sentence, and the matter is remanded to the court below for resentence in accordance with CPL 720.20, and, as so modified, affirmed.
Defendant's appeal is predicated in part upon a constitutional attack upon CPL 340.40 (subd 7), which section constituted the statutory...
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