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PEOPLE v. FRANCIOTTI

55 A.D.2d 655 (1976)

The People of the State of New York, Respondent, v. Anthony Franciotti, Appellant

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

December 20, 1976

Judgment reversed, on the law, plea vacated, motions pending at the time the plea was entered reinstated, and case remitted to Criminal Term for further proceedings consistent herewith.

No fact questions have been reviewed. The record establishes that acceptance of defendant's plea was conditioned on his withdrawing two pending applications. One was an application to dismiss the indictment on the ground that he had been...

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