Judgment unanimously reversed and matter remitted to Herkimer County Court for further proceedings in accordance with the following Memorandum: Upon this appeal from a judgment of conviction defendant should be permitted to withdraw his plea of guilty and to proceed to trial, if he so desires. On October 11, 1972 during the course of trial and at the conclusion of the People's case, a plea of guilty to the first count of the indictment was negotiated. At that time defendant...
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