Appellate Division of the Supreme Court of the State of New York September 26, 1973 (People v. Flynn)

Judgment insofar as it imposed sentence unanimously *920vacated and matter remitted to Herkimer County Court for resentencing in accordance with the following Memorandum: The defendant pleaded guilty to a Class A misdemeanor in full satisfaction of a two-count • indictment, one count of which charged him with a felony.