Order reversed on the law and the facts, and proceeding remitted to County Court, Nassau County, for the purpose of: (a) holding a hearing and taking proof on the issue of the defendant's sanity at the time of his plea and sentence; and (b) making a determination on the basis of all the proof adduced.
The defendant's affidavit in support of his application raised, inter alia, the claim that he was insane at the time of the plea. It appears that by memorandum...
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