Order affirmed.
No opinion.
Christ and Hopkins, JJ., dissent and vote to reverse the order and remit the proceeding to the Criminal Term for a hearing and a new determination, with the following memorandum:
In his reply affidavit, defendant asserted that Assistant District Attorney Baumann promised that defendant would be sentenced as a first-felony offender on a charge of robbery in the third degree and that this promise was not kept. An unkept promise...
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