Opinion
Argued June 8, 1965
Decided July 9, 1965
Appeal from the Livingston County Court, CARMEN BATTAGLIA, P.J.
Patrick M. Keefe for appellant.
Scott W. Crane, District Attorney ( J. Robert Houston of counsel), for respondent.
Judgment reversed and matter remitted to the Livingston County Court with direction to permit the withdrawal of the plea of guilty and to remand the matter to the Police Court of the Village of Geneseo for appropriate proceedings (see People v. Witenski, 15 N.Y.2d 392).
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.