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 hearing limited to the question of whether the defendant's failure to serve and file a timely notice of appeal was attributable to any breach of promise on the part of his court-assigned trial counsel; and (b) making a determination de novo on the basis of the proof adduced upon such hearing.
In view of defendant...
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