Opinion
Argued April 17, 1968
Decided May 29, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILFRED A. WALTEMADE, J.
Daniel C. Schaffer and Anthony F. Marra for appellant.
Frank S. Hogan, District Attorney ( John J. Moyna and H. Richard Uviller of counsel), for respondent.
Judgment reversed and case remitted to Supreme Court, New York County, for the limited purpose of granting a new hearing of defendant's motion to withdraw his plea so that he might have the assistance of counsel in attempting to show why he should have been allowed to withdraw his plea of guilty to the indictment ( People v. Rozzell, 20 N.Y.2d 712; People v. Nixon, 21 N.Y.2d 338).
Concur: Chief Judge FULD and Judges BURKE, KEATING and BREITEL. Judges SCILEPPI, BERGAN and JASEN dissent and vote to affirm on the ground that the position taken by defense counsel on the application to withdraw the plea did not constitute a deprivation of constitutional rights.