John Anderson (NY defendant)

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Charge:	Attempted Assault (Misdemeanor)
Sentence:	90 days
Years Imprisoned:	0.12
Year Crime:
Year Convicted:	2016
Year Cleared:	2020
U.S. State or Country of Crime:	New York
County or Region of Crime:	Kings
City of Crime:	New York City
Result:	Judicially Exonerated
Summary of Case:	"John Anderson was wrongly convicted on August 24, 2016 of attempted 3rd degree (misdemeanor) assault in the criminal Court of the City of New York, Kings County. After his conviction following a bench trial, Anderson was sentenced to 90 days in jail, which he served. Anderson appealed. On January 24, 2020 the New York Supreme Court Appellate Term, Second Department reversed Anderson's conviction and ordered dismissal of the charge on the basis the complaint failed to allege facts sufficient to support 3rd degree attempted assault. The Court's ruling stated: "Thus, to be facially sufficient, an accusatory instrument charging a defendant with attempted assault in the third degree must demonstrate, through the facts alleged and the reasonable inferences which flow therefrom, reasonable cause to believe that the defendant intended to cause physical injury to the complainant, and that he engaged in conduct which came dangerously close to causing such physical injury ... That inference cannot be drawn here, as the facts pleaded in the accusatory instrument do not sufficiently allege that defendant's actions came "dangerously close". The accusatory instrument did not allege that, when defendant had pushed his fist against the complainant's nose, that action had caused the complainant pain of any degree. Moreover, the physical act alleged, a push, does not itself describe a degree of force sufficient to make out the intent to cause physical injury []. Although intent can be inferred from the act itself or upon the surrounding circumstances [], here, the factual allegations fall short of raising an inference of intent to cause physical injury. ... Thus, based upon the facts alleged, defendant's conduct did not rise above the level of petty slaps, shoves, or kicks, and, consequently, it cannot be rationally inferred that defendant had intended to cause or attempt to cause physical injury to the complainant []. Consequently, as the accusatory instrument failed to allege facts of an evidentiary character supporting or tending to support the charge (see CPL 100.15 [3]) of attempted assault in the third degree and failed to set forth facts that established reasonable cause to believe that defendant committed this offense (see CPL 100.40 [4]), this count of the accusatory instrument was facially insufficient. ... Accordingly, the judgment of conviction is reversed, the guilty plea is vacated, and the accusatory instrument is dismissed." [People v Anderson (John) 2020 NY Slip Op 50091(U) (New York Supreme Court, Appellate Term, Second Department, January 24, 2020)]"
Conviction Caused By:
Innocence Proved By:	"On January 24, 2020 the New York Supreme Court Appellate Term, Second Department reversed Anderson's conviction and ordered dismissal of the charge on the basis the complaint failed to allege facts sufficient to support 3rd degree attempted assault."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Ellen Mercer, National Registry of Exonerations"
Information Location 1:	https://law.justia.com/cases/new-york/appellate-term-second-department/2020/2020-ny-slip-op-50091-u.html
Information Source 2:	"People v Anderson (John) 2020 NY Slip Op 50091(U) (New York Supreme Court, Appellate Term, Second Department, January 24, 2020) (Reversing conviction and ordering dismissal because complaint failed to allege constituting the crime of 3rd degree assault.)"
Information Location 2:	https://law.justia.com/cases/new-york/appellate-division-second-department/2020/2017-09995.html
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John Anderson (NY defendant)

Charge:

Attempted Assault (Misdemeanor)

Sentence:

90 days

Years Imprisoned:

0.12

Year Crime:

Year Convicted:

2016

Year Cleared:

2020

U.S. State or Country of Crime:

New York

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On January 24, 2020 the New York Supreme Court Appellate Term, Second Department reversed Anderson's conviction and ordered dismissal of the charge on the basis the complaint failed to allege facts sufficient to support 3rd degree attempted assault."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Ellen Mercer, National Registry of Exonerations"

Information Location 1:

https://law.justia.com/cases/new-york/appellate-term-second-department/2020/2020-ny-slip-op-50091-u.html

Information Source 2:

"People v Anderson (John) 2020 NY Slip Op 50091(U) (New York Supreme Court, Appellate Term, Second Department, January 24, 2020) (Reversing conviction and ordering dismissal because complaint failed to allege constituting the crime of 3rd degree assault.)"

Information Location 2:

https://law.justia.com/cases/new-york/appellate-division-second-department/2020/2017-09995.html

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