People v. Brancazio

Defendant moves to abrogate the judgment of conviction. It brought Mm a sentence of three to five years in State prison for having had in his possession heroin, feloniously.

Originally, defendant had pleaded “not guilty” to the two counts of the indictment. At a later day he compromised by pleading guilty to the first count, which is the count that charges him with the felonious possession of heroin. The second count was absorbed in the compromise.

Defendant propounds several reasons for taking the present step. They are:

First. A violation of due process by permitting him to plead to a count…