Appellate Division of the Supreme Court of the State of New York September 28, 2001 (People v. Fuller)

—Judgment unanimously modified on the law and as a matter of discretion in the interest of justice and as modified affirmed and new trial granted on first, third and fourth counts of indictment and the matter is remitted to Supreme Court for resentencing on fifth, sixth, seventh and eighth counts of indictment in accordance with the following Memorandum: Defendant appeals from a judgment