PEOPLE v. HARVIN

Order reversed and the case remitted to Supreme Court, Richmond County, on the dissenting memorandum at the Appellate Division, for a hearing as to whether the defendant pleaded guilty in reliance upon the promise allegedly made to him by the District Attorney.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI concurs solely upon the ground that the District Attorney concedes that a hearing should be held.