
    The People of the State of New York, Respondent, v. Seymour Lynch, Appellant.
    Argued December 7, 1970;
    decided January 7, 1971.
    
      
      Ronald E. Johnson for appellant.
    
      Albert M. Rosenblatt, District Attorney, for respondent.
   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 Full and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  