PEOPLE v. LYNCH

Upon the appeal from the order and judgment (one paper): Judgment modified by remitting the case to the County Court of Dutchess County for resentencing upon compliance with paragraph (b) of subdivision 3 of section 70.00 of the Penal Law, and, as so modified, affirmed. Appeal from the order affirming the denial of defendant's coram nobis application dismissed as moot.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.