A New Jersey man has lost his effort to withdraw a guilty plea stemming from an auto accident in Atlantic City.

Barrington McDonald car struck a man crossing the street on Pacific Avenue near Our Lady Star of the Sea Regional School in early 2007. He pleaded guilty to assault by auto in a school zone, DWI and driving with a suspended license.

McDonald sought to withdraw the plea by arguing that the accident occurred within 1,000 feet of a church but not the actual school. He also challenged whether state law should apply because the accident occurred late at night when no children were present.

In a 4-2 decision issued Monday, the state Supreme Court rejected McDonald's appeal. The two dissenting judges said a jury should decide the issue.

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