It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Cattaraugus County Court for resentencing.
Memorandum:
In appeal No. 1, defendant appeals from a judgment entered upon his admission that he violated the terms and conditions of his probation, revoking his probation and resentencing him to a term of...
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