The People of the State of New York ex rel. John Joseph Battle, Appellant, v. Ross E. Herold, as Acting Director of Dannemora State Hospital, Respondent, 20 A.D.2d 747

The resentence was invalid because defendant was not personally present (Code Grim. Pro., § 473). We do not pass upon relator’s other contentions. Order reversed, on the law, writ sustained and relator remanded to the County Court of Albany County for resentenee. Gibson, P. J,, Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.