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Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
3 years Probation |
Years Imprisoned: |
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Year Crime: |
2009 |
Year Convicted: |
2010 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Schenectady |
City of Crime: |
Schenectady |
Result: |
Judicially Exonerated |
Summary of Case: |
"Sherri Barnes was wrongly convicted on October 1, 2010 of criminal diversion of a prescription medication and criminal misconduct. Barnes was a detective with the Schenectady, New York Police Department at the time she allegedly committed her criminal acts. The prescription charge was based on her obtaining a muscle relaxant from a woman in exchange for cash, groceries and other items. The official misconduct charge was based on Barnes one time identifying herself as a police officer and flashing her badge at a pharmacist when requesting that her prescriptions be filled more quickly. After her convictions Barnes was sentenced to three years probation. Barnes appealed. On May 8, 2014 the New York Supreme Court's Appellate Division vacated both her convictions on the basis the prosecution failed to introduce sufficient evidence she had committed a crime. The Court ruled that there was testimony the muscle relaxant Barnes received could be purchased over-the-counter, and therefore it wasn't a "prescription medication" as required for a conviction under the statute. The Court also ruled that there was testimony that plain clothes police officers such as Det. Barnes are required to identify themselves, and that there was insufficient evidence that when she flashed her badge and identified she didn't do so as required, or to get faster service because she was a police officer. The Court also suggested it might have been better to pursue the incident as a disciplinary matter, and not as a criminal act. The Court concluded its ruling: "ORDERED that the judgment is reversed, on the law, and indictment dismissed."" |
Conviction Caused By: |
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Innocence Proved By: |
"On May 8, 2014 the New York Supreme Court's Appellate Division vacated both her convictions on the basis the prosecution failed to introduce sufficient evidence she had committed a crime." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"People v. Sherri Barnes, 2014 NY Slip Op 03310 (Case No. 106076) (NY Supreme Ct, Appellate Div., 3rd Jud. Dept., 5-8-2014)" |
Information Location 1: |
http://decisions.courts.state.ny.us/ad3/decisions/2014/106076.pdf |
Information Source 2: |
"People v. Sherri Barnes, 2014 NY Slip Op 03310 (Case No. 106076) (NY Supreme Ct, Appellate Div., 3rd Jud. Dept., 5-8-2014)" |
Information Location 2: |
http://law.justia.com/cases/new-york/appellate-division-third-department/2014/106076.html |
Information Source 3: |
"Schenectady cop's conviction tossed: Justices say not enough evidence was presented to support charges, By Paul Nelson (Staff writers), Times-Union (Albany, NY), May 8, 2014" |
Information Location 3: |
http://www.timesunion.com/local/article/Schenectady-cop-s-conviction-tossed-5463372.php |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org