Wrongly Convicted Database Record

 

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Raheem Carmichael

 

Charge:

Firearm possession (including sale)

Sentence:

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2011

Year Cleared:

2012

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:

"Raheem Carmichael was wrongly convicted in 2011 of criminal possession of a weapon in the second degree in Queens County, New York. The trial judge denied Carmichael's pretrial motion to suppress the weapon he discarded while being pursued by the police, on the basis the police officer did not have probable cause to suspect Carmichael and pursue him. After his conviction by a jury Carmichael appealed. On February 7, 2012 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Carmichael's convictions and ordered dismissal of his indictment based on insufficient evidence of his guilt. The Court ruled the trial judge erred in not suppressing the evidence of what was an illegal pursuit because there was no probable cause to suspect and pursue Carmichael, and without the fruits of the poisonous tree there was no evidence he had committed a crime."

Conviction Caused By:

Innocence Proved By:

"On February 7, 2012 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Carmichael's convictions and ordered dismissal of his indictment based on insufficient evidence of his guilt. The Court ruled the trial judge erred in not suppressing the evidence of what was an illegal pursuit because there was no probable cause to suspect and pursue Carmichael, and without the fruits of the poisonous tree there was no evidence he had committed a crime."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"The People of the State of New York v. Raheem Carmichael, 92 A.D.3d 687 (2012), 938 N.Y.S.2d 197 (NY Sup. Ct. Appellate Div., 2nd Jud. Dept., 2-7-2012) (Reversing conviction and ordering dismissal of indictment based on insufficient evidence.)"

Information Location 1:

http://www.leagle.com/decision/In%20NYCO%2020120210404/PEOPLE%20v.%20CARMICHAEL

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

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