PEOPLE v. SANDERS


36 A.D.2d 619 (1971)

The People of the State of New York, Respondent, v. Freddie Lee Sanders, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 1, 1971


Case remitted to the County Court for the purpose of (1) holding a hearing upon defendant's motion, made on the day of sentence, to withdraw his plea of guilty, and (2) the making of a determination thereon de novo; and appeal held in abeyance in the interim. In our opinion, while the learned County Judge had the discretionary power to allow or deny a withdrawal of a plea of guilty prior to judgment (Code Crim. Pro., § 337), the statement of defendant's counsel...

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