Order reversed, on the law, and application remitted to said court for a hearing, to be held before another Justice.
The findings of fact below have not been considered. In our opinion the record does not conclusively refute defendant's allegation that a promise was made to him by the trial court on March 10, 1967, when he pleaded guilty to a lesser crime. We find there is, as a matter of law, a dispute of fact which entitles him to a hearing (see People v. White...
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