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PEOPLE v. HARVIN

26 N.Y.2d 656 (1970)

The People of the State of New York, Respondent, v. John Benjamin Harvin, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1970.

Attorney(s) appearing for the Case

Julia P. Heit and Milton Adler for appellant.

John M. Braisted, Jr. (Norman C. Morse of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI concurs solely upon the ground that the District Attorney concedes that a hearing should be held.

Order reversed and the case remitted to Supreme Court, Richmond County, on the dissenting memorandum at the Appellate Division, for a hearing as to whether the defendant pleaded guilty in reliance upon the promise allegedly made to him by the District...

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