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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MACK, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 9, 1979, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. Case remitted to Criminal Term to hear and report on defendant's motion to withdraw his plea, at which hearing new counsel shall be appointed to represent defendant, and appeal held in abeyance in the interim (see People v. Rozzell, 20 N.Y.2d 712; People v Bowers, 45 A.D.2d 241; People v. Williams, 55 A.D.2d 923). Criminal Term shall file its report with all convenient speed. Hopkins, J.P., Damiani, Titone and Mangano, JJ., concur.

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PEOPLE v. MACK
(May 12, 1980)