Auburn man tries to withdraw guilty plea

By Christopher Caskey / The Citizen

Wednesday, October 3, 2007 9:45 AM EDT

AUBURN - An Auburn man requested to withdraw his guilty plea during his sentencing at Cayuga County Court Tuesday.
Jeremy Neale, 25, of 1 McConnell Ave., was in the process of pleading guilty to third-degree criminal possession of narcotics when he made the request.

During his statement in court, Neale said that he did not fully understand his plea, and he did not believe his lack of prior felony convictions was considered in the pre-sentence investigation. The prosecution and defense had negotiated a sentence of two years in prison and one-to-two years of post release supervision, according to Chief Assistant District Attorney Jon Budelmann, who prosecuted the case.

Judge Mark Fandrich said he had taken Neale's prior history into consideration, and that he was going to recommend the defendant to shock camp.

With his sentence, Neale would have been eligible to attend the boot-camp style program before being released under supervision.

Neale was arrested in April after police say he sold crack cocaine to a police informant. After a search of his residence, authorities found cocaine and ecstasy pills, as well as small plastic bags and a digital scale, Budelmann said.

Fandrich will hear motions to withdraw the plea Oct. 30.

Also in court:

€ Fandrich sentenced a Kansas City, Mo., teen to shock probation and six months in Cayuga County Jail for possessing a stolen vehicle. Alan Hoatland. 19, pleaded guilty in August to fourth-degree criminal possession of stolen property.

Hoatland will also be ordered to pay an amount of restitution that Fandrich will determine at a future hearing. While the prosecution asked for a fee of $4,693 to pay for the victims' insurance and rental fees, defense attorney David Elkovitch requested that the case's co-defendant incur some of those charges.

Hoatland was arrested when he was found in a stolen 2004 Acura sedan in the Wal-Mart parking lot, Budelmann said.

Jacob Hills, also of Kansas City, Mo., was apprehended at the same time. Hills pleaded guilty in August to criminal possession of stolen property for using a stolen credit card and is scheduled to be sentenced Oct. 9.

€ An Auburn man waived prosecution by indictment before admitting to a felony drug charge. Kenneth Davis III, 31, of 1 Case Ave., pleaded guilty to third-degree sale of a controlled substance. In 2006, Davis sold cocaine to a police informant, Budelmann said.

As part of the plea, Davis will likely receive a sentence that will make him eligible for shock camp, pending his pre-sentence review. Fandrich also reminded Davis in court that his eligibility would not guarantee admittance into the program.

Davis will be sentenced Nov. 13.

€ Reginald Lawson, 49, of 28 Danforth St., Rochester, pleaded not guilty to several felony and misdemeanor drug charges. Lawson is charged with multiple counts of third-degree criminal sale of a controlled substance and third-degree criminal possession of a controlled substance. He is also facing misdemeanor charges of criminal use of drug paraphernalia and endangering the welfare of a child.

If convicted, Lawson could be sentenced to up to 18 years in prison, Budelmann said. Judge Fandrich will hear pre-trial motions Nov. 18.

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net

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