People v. Freccia

Judgment of resentence unanimously vacated and matter remitted to Cayuga Special Term for further proceedings in accordance with the memorandum. Memorandum: Heretofore we vacated judgment of resentence and stated that appellant had the right prior to such resentence to move to vacate his prior guilty plea. (16 A D 2d 885.) Thereafter and prior to the matter coming on to be heard anew, appellant filed and served a voluminous affidavit setting forth his grounds for seeking leave to withdraw his guilty plea and his reasons for requesting a hearing prior to the court ruling on the motion. When…