Many individuals contact us after they are already involved in a criminal proceeding. Some of the most common issues that we deal with regarding ongoing criminal cases involve revoking an earlier guilty plea, which may have been provided before the defendant retained a reliable new york criminal defense lawyer. A recent case illustrates how difficult it can be to get rid of an earlier plea agreement.
The defendant faced charges of hindering with the prosecution in the first degree and possession of a weapon in the third degree for providing and concealing a weapon that a codefendant used during a shooting that resulted in a fatality. The night before the defendant’s trial was set to take place, the defendant entered a guilty plea regarding the lesser included offense of hindering the prosecution in the second degree. The defendant later testified that he assisted the co-defendant and believed that the co-defendant engaged in activities that resulted in a second-degree murder. The defendant also waived his right to appeal as part of the plea agreement.
The trial for the co-defendant proceeded and the prosecution offered evidence from the sole witness, which was the victim’s brother. The brother testified that he was at the victim’s apartment along with a number of other individuals when a dispute erupted and the co-defendant shot the victim. Other evidence presented at trial suggested that the brother may not have seen the shooter and was unclear about the events that occurred after the fight broke out. The prosecution later admitted to finding handwritten notes from an earlier interview with the brother suggesting that the brother did not see the co-defendant shoot the victim. The defendant was allowed to cross-examine the brother regarding these notes and attempted to impeach his credibility.