Opinion
Submitted December 11, 1969
Decided January 8, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES C. CRANE, J.
Julia P. Heit and Milton Adler for appellant.
John M. Braisted, Jr. ( Norman C. Morse of counsel), for respondent.
Order reversed and the case remitted to Supreme Court, Richmond County, on the dissenting memorandum at the Appellate Division, for a hearing as to whether the defendant pleaded guilty in reliance upon the promise allegedly made to him by the District Attorney.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI concurs solely upon the ground that the District Attorney concedes that a hearing should be held.