Opinion
Argued June 8, 1964
Decided July 10, 1964
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, GEORGE B. LEONARD, P.J.
Betty D. Friedlander for appellant.
Paul H. McCabe, District Attorney ( Samuel J. Castellino of counsel), for respondent.
Judgment reversed and motion to withdraw plea granted and information reinstated on the ground that on the facts in this case it was an abuse of discretion to refuse to grant the motion to withdraw the guilty plea.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.