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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
25 years to life in prison |
Years Imprisoned: |
4.5 |
Year Crime: |
1971 |
Year Convicted: |
1973 |
Year Cleared: |
1975 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Bronx |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Larry Boone and Arthur Cleveland were codefendants wrongly convicted on December 6, 1973 of a murder committed in Bronx County, New York. Both defendants were sentenced to 25 years to life in prison. On July 15, 1975 the New York Court of Appeal reversed Boone's conviction and ordered his retrial based on the prosecution's failure to disclose that two eyewitnesses provided police statements that the victim came out of the establishment outside of where his body was found, which contradicted the prosecutions argument at trial he came from the establishment where Boone and Cleveland were. Boone was released in 1975 and the charges dismissed. On September 16, 1975 the appeals court relied on Boone's case to overturn Cleveland's conviction. Cleveland was released in December 1975 when his charges were dismissed. In 1991 Cleveland was awarded compensation of $57,011.85 by the New York State Court of Claims. Boone died on March 16, 1991, and in 1992 Boone's estate was awarded compensation of $45,000 by the New York State Court of Claims." |
Conviction Caused By: |
Prosecutor misconduct of concealing exculpatory witness statements. |
Innocence Proved By: |
"Larry Boone and Arthur Cleveland were codefendants wrongly convicted of murder in Bronx County, New York on December 6, 1973. Both defendants were sentenced to 25 years to life in prison. On July 15, 1975 the New York Court of Appeal reversed Boone's conviction and ordered his retrial based on the prosecution's failure to disclose that two eyewitnesses provided police statements that the victim came out of the establishment outside of where his body was found, which contradicted the prosecutions argument at trial he came from the establishment where Boone and Cleveland were. Boone was released in 1975 and the charges dismissed. On September 16, 1975 the appeals court relied on Boone's case to overturn Cleveland's conviction. However, Cleveland wasn't released until 1977 when his charges were dismissed. In 1991 Cleveland was awarded compensation of $57,011.85 by the New York State Court of Claims. Boone died on March 16, 1991, and in 1992 Boone's estate was awarded compensation of $45,000 by the New York State Court of Claims." |
Defendant Aided By: |
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Compensation Awarded: |
"$45,000 (State of New York, 1992)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"People v. Boone, 49 AD 2d 559, 370 NYS 2d 613 (NY Appellate Div., 1st Dept., 1975)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=12923661092274330425&q=larry+boone+1975&hl=en&as_sdt=4,33" |
Information Source 2: |
"Innocent: Inside Wrongful Conviction Cases, By Scott Christianson, NYU Press, 2006, pg. 168" |
Information Location 2: |
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Information Source 3: |
"Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988, by Marty I. Rosenbaum, 18 N.Y.U. Rev. L. & Soc. Change 807" |
Information Location 3: |
http://deskovic.org/research/article/id/Inevitable-Error-Wrongful-New-York-State-Homicide-Convictions |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org