PEOPLE v. HERNDON

Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Supreme Court, Erie County, for resentencing in accordance with the following Memorandum: The matter is remitted solely for the purpose of resentencing after the sentencing court complies with CPL 380.50. (See People ex rel. Miller v. Martin, 1 N.Y.2d 406; People ex rel. D'Agostino v. Murphy, 20 A.D.2d 756.) We have considered the appellant's contention that the sentence was excessive and find no error in that respect.