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PEOPLE v. BOYCE

Appellate Division of the Supreme Court of New York, Second Department.
Jan 22, 1985

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.