Order reversed on the law and the facts, and application remitted to the Supreme Court, Kings County, Criminal Term: (1) for a hearing on the issue of whether defendant was represented by counsel at the time of sentence and, if not, whether defendant had waived his right to such representation; (2) for a determination de novo on the basis of the proof adduced upon such hearing; and (3) for further proceedings not inconsistent herewith.
In his petition, defendant...
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