People v. Boyce

Appellate Division of the Supreme Court of New York

People v. Boyce

107 A.D.2d 754, 484 N.Y.S.2d 119, 1985 N.Y. App. Div. LEXIS 42665

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 22, 1985

StatusPublished

Cited by2 cases

This text of 107 A.D.2d 754 (People v. Boyce) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boyce, 107 A.D.2d 754, 484 N.Y.S.2d 119, 1985 N.Y. App. Div. LEXIS 42665 (N.Y. Ct. App. 1985).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered April 15, 1983, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

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 AD2d 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.

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— Appeal by defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered April 15, 1983, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

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 AD2d 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.

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Bluebook (online)

107 A.D.2d 754, 484 N.Y.S.2d 119, 1985 N.Y. App. Div. LEXIS 42665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boyce-nyappdiv-1985.

Opinion

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