Case remitted to the County Court, Suffolk County, to a Judge other than the Judge who accepted the plea and sentenced defendant, to hear and report, pursuant to CPL 730.30 (subd 4), as to the defendant's mental capacity at the time of his plea and sentence. The County Court is to file its report with all convenient speed; the appeal is held in abeyance in the interim. In early September, 1979 the defendant was indicted on charges of robbery in the first degree (three counts...
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