Judgment unanimously reversed, on the law, and case remitted to Erie Supreme Court for further proceedings in accordance with the following memorandum: Defendant contends in this appeal that the trial court erred in refusing to allow him to withdraw his plea of guilty to criminal sale of a controlled substance in the third degree (Penal Law, § 220.39, subd 1). We agree. Defendant was indicted for the possession and sale of heroin, without having had a preliminary hearing...
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