Can a defendant who enters a plea of guilty to a crime and is sentenced without the benefit of legal advice have his conviction set aside?

The law is quite settled on these principles. One who is not informed by the court of his right to counsel and who pleads guilty to a crime and is sentenced, all without the benefit of legal advice, may have the conviction set aside. (Matter of Bojinoff v. People, 299 N.Y. 145.) But one who is advised of his right to the aid of counsel and then proceeds deliberately without counsel to enter a plea of guilty may not complain. (Carter v. Illinois, 329 U. S. 173.) A defendant may elect whether to proceed without counsel or to take counsel. He is

[202 Misc. 335]