Order reversed, on the law and the facts; application granted and case remitted to the Criminal Term for repleading to the indictment and for further proceedings not inconsistent herewith.
In our opinion, the record adequately established that the trial court, upon taking defendant's plea of guilty, stated that it would treat the plea as a misdemeanor, if defendant were a first offender and would not send him to Sing Sing Prison. The sentence meted out to defendant...
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