People v. Boyce

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL BOYCE, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 22, 1985

107 A.D.2d 754 (N.Y. App. Div. 1985)

Opinion

January 22, 1985

Appeal from the Supreme Court, Kings County (Tomei, J.).

Judgment affirmed.

Criminal Term acted properly in denying defendant's motion to withdraw his plea of guilty and in denying defense counsel's application, made during the sentence proceedings, to be relieved as counsel ( People v. Matta, 103 A.D.2d 756). Defendant's bald assertion that he was of the opinion that the victim was no longer willing to testify against him was insufficient to entitle him to withdraw his plea. Gibbons, J.P., O'Connor, Niehoff and Lawrence, JJ., concur.