Murphy v. Barasch

—Proceeding pursuant to CPLR article 78 (1) to compel the respondents to reinstate the petitioner’s plea of guilty, (2) for specific performance of a plea agreement, and (3) to direct a hearing as to the truth of certain information contained in a pre-sentence report.

Motion by the respondent Justice to dismiss the proceeding.

Ordered and adjudged that the petition is granted solely to *658the extent that the respondents shall afford the petitioner an opportunity either to return to his pre-plea status or to maintain his plea of guilty and accept an enhanced sentence, the petition is otherwise…