PEOPLE v. CHESTNUT


30 A.D.2d 547 (1968)

The People of the State of New York, Respondent, v. Robert Chestnut, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 13, 1968


Judgment reversed, on the law, and action remitted to the Criminal Term for the purpose of (a) holding a hearing upon defendant's motion to withdraw his plea of guilty and (b) making a determination thereon de novo. No findings of fact have been considered on this appeal.

Under the circumstances of the case the court below should hold a hearing and inquire fully into defendant's reasons for desiring to withdraw his plea of guilty prior to sentencing (cf.

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