LOCKPORT – Isaac L. McDonald, a Level 3 sex offender who won an appellate ruling that his motion to withdraw his guilty plea to three sex felonies was never acted upon before his sentence, will go back to state prison after action in Niagara County Court Wednesday.
Judge Sara Sheldon officially denied the motion, even though she said a check of the records showed McDonald never formally filed it, and the outcome was that McDonald will continue to serve the 11-year sentence he originally received.
The Appellate Division of State Supreme Court ruled last month that McDonald had been entitled to a ruling on the plea withdrawal before he was sentenced in December 2013 for third-degree rape, failure to register as a sex offender and disseminating indecent material to a minor. It was the second time McDonald, 31, of Niagara Falls, had been convicted of having sex with underage girls.
Defense attorney Dominic Saraceno said McDonald refused to come to court from the County Jail Wednesday.