Appellate Division, Fourth Department
Motion to Withdraw
People v. Jones
Appealed from Onondaga County Court
Background: The defendant pleaded guilty during trial to second-degree assault and agreed to waive his right to appeal. Thereafter he moved to withdraw his plea, contending he felt pressured into the plea. His withdrawal motion was denied.
Ruling: The conviction is affirmed. The trial judge’s reminder to the defendant at the time of his plea that a jury was waiting was not coercive. In moving to withdraw, the defendant presented no evidence of innocence, fraud or mistake in the inducement of the plea.
Philip Rothschild for the defendant and James P. Maxwell, Onondaga County District Attorney’s Office