Judgment, insofar as it imposes sentence, unanimously modified, as a matter of discretion in the interest of justice, and defendant remanded to Erie County Court for further proceedings, in accordance with memorandum, and, as modified, affirmed, Callahan, J., not participating.
Memorandum:
Upon his conviction of one count of criminal sale of a controlled substance, sixth degree (Penal Law, § 220.31, now amd by L 1979, ch 410, § 16 and described as...
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