People v. Stampler

— Appeals by defendant (by permission) (1) from an order of the County Court, Nassau County (Winick, J.), dated September 13, 1982, which denied his motion to set aside his sentence as illegally imposed in violation of section 70.00 of the Penal Law, and (2) as limited by his brief, from so much of a further order of the same court, dated October 4, 1982, as, after granting reargument, adhered to its original determination. Orders modified, on the law, and defendant’s motion to set aside his sentence is granted to the extent of vacating the minimum period of incarceration fixed by the Board…