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Appeals Court Affirms Guilty Pleas

Defendants appealed the denial of their motions to withdraw guilty pleas to charges of fraudulently concealing assets of a bankrupt estate and conspiracy. The defendants had pleaded guilty against the advice of counsel but later sought to withdraw the pleas prior to sentencing. The court affirmed the denial, finding the defendants had knowingly and voluntarily entered the pleas with an understanding of the consequences. The defendants did not deny entering the pleas knowingly and voluntarily or offer direct evidence from themselves in support of withdrawing the pleas.

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33 views2 pages

Appeals Court Affirms Guilty Pleas

Defendants appealed the denial of their motions to withdraw guilty pleas to charges of fraudulently concealing assets of a bankrupt estate and conspiracy. The defendants had pleaded guilty against the advice of counsel but later sought to withdraw the pleas prior to sentencing. The court affirmed the denial, finding the defendants had knowingly and voluntarily entered the pleas with an understanding of the consequences. The defendants did not deny entering the pleas knowingly and voluntarily or offer direct evidence from themselves in support of withdrawing the pleas.

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290 F.

2d 501

UNITED STATES of America, Appellee,


v.
Sanford J. MOORE, Sherwood Schwach and Allen Kerner,
Defendants-Appellants.
No. 364, Docket 26909.

United States Court of Appeals Second Circuit.


Argued April 11, 1961.
Decided May 18, 1961.

George Becker, New York City, for defendants-appellants.


Averill M. Williams, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Elliott
Kahaner, U.S. Atty., Brooklyn, N.Y., on the brief), for appellee.
Before CLARK, MEDINA, and FRIENDLY, Circuit Judges.
PER CURIAM.

Defendants appeal from a judgment denying their motions to withdraw pleas of


guilty to a three-count indictment charging them with fraudulently concealing
the assets of a bankrupt estate and with conspiring to do so. 18 U.S.C. 2, 152,
371. The pleas in question were entered against the advice of counsel on March
9, 1961, before Judge Rayfiel, who set March 30, 1961, as the date for
sentencing. When defendants appeared in court for sentencing on that day, they
moved under F.R.Crim.Proc. 32(d) to withdraw their pleas of guilty. Denying
the motions, Judge Rayfiel sentenced the defendants to prison terms of three
years, two years, and fifteen months, respectively.

A motion to withdraw a plea of guilty is addressed to the sound discretion of


the district court. Before pleading guilty, defendants were carefully questioned
by the clerk in the presence of the court, and acknowledged they understood
that they had the right to a speedy and public trial by an impartial jury, that they
were entitled to compulsory process to obtain witnesses in their behalf and to be
confronted by the witnesses against them, that they could be sentenced to
imprisonment, and that they were pleading guilty voluntarily, without any

threat or promise to induce them so to plead. In this appeal, defendants make no


attempt to deny that they entered their pleas knowingly and voluntarily, and
with full knowledge of the possible consequences. Furthermore, their counsel
does not offer any direct affidavits from them, but advances only his own
assertions and hearsay belief in his clients. We do not think this case shows any
abuse of discretion. See United States v. Panebianco, 2 Cir., 208 F.2d 238,
certiorari denied Panebianco v. United States, 347 U.S. 913, 74 S.Ct. 478, 98
L.Ed. 1069.
3

judgment affirmed.

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