It is hereby ordered that the judgment so appealed from is unanimously reversed as a matter of discretion in the interest of justice and on the law, the plea is vacated and the matter is remitted to Ontario County Court for further proceedings on the indictment.
Memorandum: Defendant appeals from a judgment convicting him, upon his Alford plea, of assault in the second degree (Penal Law § 120.05 [6]) and grand larceny in the fourth degree (§ 155.30...
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