Opinion
Argued May 23, 1967
Decided June 1, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. BRUST, J.
William E. Hellerstein and Anthony F. Marra for appellant.
Isidore Dollinger, District Attorney ( Arnold Kideckel of counsel), for respondent.
Judgment affirmed in a memorandum. As reflected by the colloquy which the Trial Judge had with the defendant and his attorney at the time of sentence, the defendant, although given an opportunity to withdraw his plea of guilty to possession of a dangerous weapon, declined to do so. Accordingly, his reliance on our decision in People v. Serrano ( 15 N.Y.2d 304) and People v. Seaton ( 19 N.Y.2d 404) is misplaced.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING. Taking no part: Judge BREITEL.