Order unanimously reversed, and matter remitted to Livingston County Court.
Memorandum:
Defendant was granted leave to appeal from an order which denied his motion pursuant to CPL article 440 to vacate his judgment of conviction for manslaughter, first degree (Penal Law, § 125.20, subd 2). On November 10, 1976 defendant pleaded guilty to killing his former wife while under the influence of extreme emotional disturbance. The incident occurred during a...
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