Fourth Department – Plea withdrawal: People v. Saccone

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Plea withdrawal

Opportunity to be heard

People v. Saccone

KA 21-00589

Appealed from Onondaga County Court

Background: The defendant appealed from his conviction of aggravated vehicular homicide and leaving the scene of an incident without reporting. The charges arose from a collision between the defendant’s vehicle and a vehicle occupied by three people, all of whom died of the resultant injuries. The defendant was traveling at a speed of approximately 86 miles per hour on a road with a speed limit of 35 miles per hour. He crossed over a double solid yellow line, and went through a red light when the incident occurred. He was under the influence of cocaine and alcohol. The defendant moved to withdraw his plea contending that he was factually innocent and that his plea was involuntarily entered into because he did not have enough time to discuss the plea offer with his attorney.

Ruling: The Appellate Division affirmed. The court noted that, while the court did not conduct a hearing, it allowed the defendant to argue his motion to withdraw his plea, giving him a reasonable opportunity to advance his claims. Further, there was no evidence that his attorney pressured him into taking the plea as the defendant’s own statements contradicted this when he stated he was satisfied by the services he received from this attorney.

Anthony Belletier for the defendant-appellant; Kenneth H. Tyler Jr., of the district attorney’s office, for the respondent.

Oral argument video