In People v. Alt , Defendant Robert Alt was found seated in the driver's seat of an idling vehicle at a highway intersection. After failing a sobriety test, Alt was charged with driving while intoxicated. For some reason, the Cortland County Court denied Alt's plea allocution and the matter proceeded to trial.
When he modified his testimony as to what had happened the day he was arrested, the court allowed prosecutors to introduce statements Alt made during his plea allocution -- in order to impeach his credibility.
When the Cortland County Court convicted Alt, he appealed to the Appellate Division, Third Department, which reversed and directed a new trial.
The AD3 believed the manuever deprived Alt of a fair trial for, once withdrawn, "a plea is out of the case for all purposes," including attacking a criminal defendant's credibility.
Would you believe that?
To download a copy of the Appellate Division's decision, please use this link: People v. Alt