People v. Boyd, 238 N.E.2d 923 (NY 1968). · Go Syfert
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People v. Boyd, 238 N.E.2d 923 (NY 1968). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Shadney (nyappdiv, 1981-05-04)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." People v. Shadney
N.Y. App. Div. · 1981 · signal: see also · confidence low
Owing to the adversary posture adopted by defendant’s counsel upon his client’s pro se motion to withdraw his negotiated plea, the court should not have proceeded to determine that motion without first assigning the defendant different counsel to represent him on that application (see People v Rozzell, 20 NY2d 712 ; People v Wilson, 15 NY2d 634 ; see, also, People v Boyd, 22 NY2d 707 ; People v Mack, 75 AD2d 858 ; cf. People v Sutton, 39 AD2d 820 ).
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The People of the State of New York, Respondent,
v.
Joseph Boyd, Appellant.
New York Court of Appeals.
May 29, 1968.
238 N.E.2d 923
Cited by 4 opinions  |  Published

Daniel C. Schaffer and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (John J. Moyna and H. Richard Uviller of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, KEATING and BREITEL. Judges SCILEPPI, BERGAN and JASEN dissent and vote to affirm on the ground that the position taken by defense counsel on the application to withdraw the plea did not constitute a deprivation of constitutional rights.

Judgment reversed and case remitted to Supreme Court, New York County, for the limited purpose of granting a new hearing of defendant's motion to withdraw his plea so that he might have the assistance of counsel in attempting to show why he should have been allowed to withdraw his plea of guilty to the[*709] indictment (People v. Rozzell, 20 N Y 2d 712; People v. Nixon, 21 N Y 2d 338).