Per Curiam.
The plea and conviction followed the reversal of defendant's conviction, after trial, of murder in the second degree under the same indictment, which charged murder in the first degree. (See 270 App. Div. 624.) Under then existent law, the retrial which appellant's plea avoided would have been for murder, first degree, as thus charged. On the first trial, on the appeal and on all the subsequent proceedings culminating in his plea of guilty and his...
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