People v. Schneider

This case presents for review the question of when a defendant who has entered a plea may withdraw that plea based upon newly discovered evidence. We hold that in order for a court to permit such a withdrawal and set the matter for trial, the court must reasonably conclude that: (1) the newly discovered evidence was discovered after entry of the plea, and, in the exercise of reasonable diligence by the defendant and his or her counsel, could not have been earlier discovered; (2) the charges that the People filed against the defendant, or the charge(s) to which the defendant pleaded guilty…