Opinion
June 29, 1967
Judgment of the Supreme Court, Kings County, rendered July 7, 1966, convicting defendant of attempted felonious violation of section 1751 of the Penal Law, on a plea of guilty, reversed, on the law and facts, and action remitted to the Criminal Term for the purposes of (1) holding a hearing upon defendant's motion to withdraw his plea of guilty and (2) making a determination thereon de novo. The denial of the motion to withdraw the plea of guilty was peremptory and should not have been pronounced without some opportunity for appellant and his counsel to consult or without some inquiry by the court into the reason and basis for the motion ( People v. Klein, 26 A.D.2d 559). Beldock, P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.