Wrongly Convicted Database Record


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Unknown Brucato



Vehicular Homicide (Incl. Culpable negligence)


Years Imprisoned:

Year Crime:

Year Convicted:

Year Cleared:


U.S. State or Country of Crime:

New York

County or Region of Crime:


City of Crime:

New York City


Judicially Exonerated

Summary of Case:

"Brucato was wrongly convicted in Kings County, New York of culpable homicide for being the driver of a vehicle that was involved in a fatal car crash. In overturning his conviction in 1942 New York Supreme Court Judge Lebowitz stated, "The fact that one when confronted with an emergency becomes panicky and loses control over a moving vehicle, and thus causes the death of another, falls far short of meeting the requirements of this section of the Penal Law, for a violation of which he may be subject to criminal responsibility." 'People v. Brucato, 32 N. Y. S. 2d 689, 1942 [Kings County, LIEBOWITZ, J.]"

Conviction Caused By:

Innocence Proved By:

Conviction was overturned in 1942 based on the prosecution's failure to present evidence proving each essential element of culpable homicide in a motor vehicle related death.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:



Information Source 1:

"People v. Brucato, 32 N. Y. S. 2d 689, 1942 [Kings County, LIEBOWITZ, J.]"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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