People v. Martello

—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered April 25, 1997, convicting defendant, after a jury trial, of attempted coercion in the first degree and criminal mischief in the second degree, and sentencing him to two concurrent terms of IV2 to 4V2 years and a $5,000 fine, unanimously affirmed. The matter is remanded to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

The court properly determined that the case of People v Bialostok (80 NY2d 738) should be applied prospectively only and does not apply to the pen register orders or…