Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report on the defendant's motion to withdraw his plea of guilty, and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
It is well settled that when, as here, the defendant makes a timely application to withdraw a plea of guilty, the court should, except under special circumstances, either grant the application...
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