This second plea to the indictment is vacated on the grounds that the first plea was improperly vacated by the court; and defendant is entitled to be sentenced under the conditions agreed to by the District Attorney, the defendant and the court at that time. Initially, on June 5, 1973, the defendant pleaded guilty to attempted assault in the first degree and the court (Ascione, J.) stated that "in all probability" a term of probation would be imposed and that "psychiatric...
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