Judgment reversed, on the law, and case remitted to the County Court, Nassau County, for proceedings not inconsistent herewith. The findings of fact below have not been considered. Appeal from order dismissed as academic in view of the determination herein on the appeal from the judgment.
The guilty plea was entered on the court's stipulation on the record that the sentence on the rape count would not exceed 10 years. We believe that in any case subject to the discretionary...
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