Appellate Division of the Supreme Court of the State of New York February 18, 1997 (Kurz v. Justices of the Supreme Court)

OPINION OF THE COURT

Mangano, P. J.

The question to be answered in this proceeding is whether the Supreme Court acted in excess of its authorized powers in vacating the petitioner’s plea of guilty absent his consent. In our view, this question must be answered in the affirmative.