Order reversed on the law and the facts, and proceeding remitted to the Criminal Term, Supreme Court, Kings County, for the purpose of: (a) holding a new hearing before another Judge of the court, at which the testimony of the attorney (H. B. Brady, Esq.) who appeared for the defendant at the time he pleaded guilty, shall be adduced; and (b) making a determination de novo on the basis of all the proof submitted upon such new hearing.
Defendant contends that...
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