PEOPLE v. AMOROSO

Order reversed and matter remitted to the Erie County Court for further proceedings in accordance with the memorandum. Memorandum: In this coram nobis proceeding the defendant contends, among other things, that he was induced to plead guilty by the promise of an Assistant District Attorney that he would receive a suspended sentence and be placed on probation and directed to make restitution. Instead of the sentence he claims he was promised, he received a sentence of 5 to 10 years. Although his allegations of so-called fraud and deceit were not set forth too directly, we find them sufficient to raise the question. ( People v. Robson, 285 App. Div. 1112; People v. Picciotti, 4 A.D.2d 1004, affd. 4 N.Y.2d 340.) The matter must be remitted to County Court so that the issue as to said alleged promise and defendant's claimed reliance thereon may be explored and determined at a hearing. In view of the allegations in the petition alleging disqualification of the sentencing Judge, the hearing should be held before another Judge. All concur.