Wrongly Convicted Database Record
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Charge: |
Driving without a license |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2015 |
Year Convicted: |
2016 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Queens |
City of Crime: |
New York City |
Result: |
Judicially Exonerated |
Summary of Case: |
"Ruslan Burca was wrongly convicted on January 5, 2016 of unlicensed operation of a motor vehicle in Queens County, New York. Burca's conviction was based on his guilty plea, however, he later learned he hadn't adequately been informed about his case prior to pleading guilty, and he appealed. On January 12, 2018 the New York Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts, ordered Burca's judgment of conviction was reversed, his guilty plea wa vacated, and dismissal of his accusatory instrument was ordered due to its failure to state he knew or should have known that his driver's license had been suspended, so his guilty plea was not knowing and intelligent. Since the defect in the accusatory instrument was structural, dismissal was warranted." |
Conviction Caused By: |
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Innocence Proved By: |
"On January 12, 2018 the New York Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts, ordered Burca's judgment of conviction was reversed, his guilty plea wa vacated, and dismissal of his accusatory instrument was ordered due to its failure to state he knew or should have known that his driver's license had been suspended, so his guilty plea was not knowing and intelligent. Since the defect in the accusatory instrument was structural, dismissal was warranted." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"People v. Burca (Ruslan), 2018 NY Slip Op 50040 (U) (Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts, 1-12-2018) (Judgment of conviction reversed, Burca's guilty plea is vacated, and dismissal of accusatory instrument is ordered due to its failure to state he knew or should have known that his driver's license had been suspended, so his guilty plea was not knowing and intelligent.)" |
Information Location 1: |
https://law.justia.com/cases/new-york/appellate-term-second-department/2018/2018-ny-slip-op-50040-u.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org