Modified, on the law, to the extent of dismissing Count No. 5 of the indictment, and the judgment is otherwise affirmed.
The case is remitted to the Supreme Court and defendant is directed to surrender himself to that court pursuant to CPL 460.50 (subd 5). In October, 1976 defendant's employer, Arthur C. Logan Memorial Hospial, went into chapter 11 bankruptcy proceedings. In November, 1976 the Bankruptcy Judge approved a weekly salary to defendant of $1,119.72 retroactive...
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