Ordered that the order is reversed, on the law, the motion is denied, the indictment and the plea are reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing by a different justice.
While on parole from a sentence imposed upon a prior conviction, the defendant was charged in the instant case with, inter alia, criminal sale of a controlled substance in the third degree. On March 22, 2000, the defendant pleaded guilty to the class D...
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