People v. Hardy

— Judgment unanimously reversed, motion to withdraw plea granted, and matter remitted to Orleans County Court for further proceedings on the indictment. Memorandum: Defendant was charged with one count of criminally selling a controlled substance, second degree, and one count of criminal sale of a controlled substance, third degree. After jury *1096selection had started, defendant agreed to plead guilty to two counts of selling in the third degree. At the request of the District Attorney the plea hearing was conducted in the presence of the jury panel and produced defendant’s version that, at the…