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The defendant may withdraw that appeal within ten days of the entry of judgment and comply with the district court judgment. This video explains a criminal appeal and how to withdraw a guilty or no contest plea using a motion for new trial or writ of habeas corpus."This form is to be used for the withdrawal of sentence appeals to the Appellate Division and will not be considered. Suffolk Superior Criminal Court. A person withdrawing an appeal shall give written notice of withdrawal to the court and counsel for the prosecution prior to the hearing date of the appeal. What you get: Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Yes, a defendant is permitted to withdraw a guilty plea before he is sentenced. However, there is no absolute right to withdraw a guilty plea. You should complete these steps at least 7 working days before your appeal hearing date: Seek the prosecution 's written consent.