PLATTSBURGH — A second appeal by a man convicted of breaking into Plattsburgh apartments and attempting to sexually assault the occupants has been rejected.

Inssa Mane, 31, was convicted of two counts of second-degree burglary, attempted first-degree sexual assault, second-degree unlawful imprisonment, attempted first-degree coercion, forcible touching and second-degree criminal trespass.

He was convicted of breaking into apartments rented by college students and trying to get the occupants to engage in sex.

According to the ruling of the Appellate Division of the State Supreme Court, Mane’s direct appeal was denied in 2007. This appeal was from a motion before Judge Patrick McGill in Clinton County Court to vacate the judgment, which was denied.

While the direct appeal was pending, the motion was made to vacate the judgment.

Mane’s claim was that he did not properly execute the waiver of immunity before he testified before the grand jury and, as a result, received immunity from prosecution for any crimes that were the subject of that presentation.

He claimed he could not give an intelligent waiver of immunity because he doesn’t understand English. He is a native of Senegal, Africa, who was living in Vermont when he was arrested.

The appeals court said that issue should have been raised on his direct appeal or prior to trial or sentencing; therefore, it could not be reviewed by the justices.

The appeals court found Mane did knowingly and intelligently waive immunity. His interpreter and attorney were present when it was first presented to him, and he said in court that he understood what he was doing.

According to Department of Corrections records, Mane is serving his time at Great Meadow Correctional Facility and can see the Parole Board in November 2009.

E-mail Sue Botsford:

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