People v. Hoe

—Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered November 12, 1986, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the matter is remitted to the County Court, Nassau 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 County Court, Nassau County, is to file its report with all convenient speed.

It is well settled that when the defendant makes a timely application to withdraw a plea of guilty,…