People v. Bernard

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered May 29, 1996, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, and matter is remitted to the Supreme Court, Richmond County, for a new hearing on the defendant’s motion to withdraw his plea of guilty, on which motion the defendant’s appellate counsel shall represent him.

The record shows that in response to the defendant’s pro se motion to withdraw his plea of guilty…