Order affirmed.
Defendant's application is based on the fact that originally, on an indictment charging him with murder in the first degree, his retained counsel was absent when he was arraigned and a plea of not guilty was entered by the court on his behalf. Thereafter, defendant — represented by counsel — withdrew that plea and pleaded guilty to the lesser included charge of murder in the second degree (see Code Crim. Pro., § 342-a). For the reasons...
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