Petition unanimously granted to the extent stated in the memorandum herein and judgment directed in favor of petitioner in accordance therewith, with costs to petitioner.
Memorandum:
In this article 78 proceeding in the nature of prohibition petitioner seeks to vacate an order of Erie County Court which struck from the record his plea of not guilty by reason of insanity, precluded him from offering psychiatric evidence at the trial and restored the first degree...
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