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City woman tries to withdraw guilty plea

Wednesday, October 03, 2012 - Updated: 7:51 PM

By HEATHER NELLIS

Recorder News Staff

FONDA -- A woman is trying to withdraw her guilty plea in a case where she and her reported boyfriend were accused of subjecting a minor victim to non-consensual sexual contact during a party at their Bayard Street apartment in Amsterdam in October 2011.

Jennifer Potter's appeal was filed after she was sentenced Sept. 14 -- just two days after co-defendant Joshua Mendez was cleared of charges in a jury trial.

Attorney Peter M. Califano, of the firm Horigan, Horigan & Lombardo in Amsterdam, filed the appeal at the Montgomery County Clerk's Office on Potter's behalf.

Califano declined to comment on the case Tuesday, but the filed documents note on Sept. 14, a motion to withdraw her guilty plea was denied.

She was sentenced that day to six months in county jail, 10 years of probation, and ordered to register as a sex offender with the state database.

Potter, 23, pleaded guilty May 7 to third-degree criminal sexual act.

Mendez, 25, was being tried for the same charge, plus third-degree rape. A jury found him not guilty of the charges.

The pair was arrested in January after what police described as a lengthy investigation after the victim reported the incident.

According to the arrest report, the female victim told officers that while attending a party at 52 Bayard St., she was "subjected to non-consensual sexual contact by the male and female who lived at that address."

The couple also originally charged with unlawfully dealing with a child because they allegedly served alcohol to the minor victim.

     

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