After he pled guilty to attempted burglary in exchange for a "favorable sentence promise," Richard Bivens sought to withdraw his plea. And when the Westchester County Supreme Court denied that request, Bivens appealed.
Since he had been assisted by "competent counsel," and "knowingly, voluntarily and intelligently" engaged in the plea discussions prior to taking the deal, the Appellate Division, Second Department, left the outcome undisturbed--particularly in the face of Bivens's "unsubstantiated assertions of innocence."
That sure lacked promise.
To view a copy of the Appellate Division's decision, please use this link: People v. Bivens