Wrongly Convicted Database Record

 

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Melvin Dlugash

 

Charge:

Murder

Sentence:

Years Imprisoned:

2

Year Crime:

1973

Year Convicted:

1975

Year Cleared:

1977

U.S. State or Country of Crime:

New York

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"Melvin Dlugash was wrongly convicted in 1975 of murder in the death of a man in Kings County, New York on December 22, 1973 who was dead when Dlugash shot him. On March 1, 1976 the New York Supreme Court Appellate Division overturned Dlugash's conviction and ordered dismissal of his indictment for murder because the prosecution presented no evidence the victim was alive when he shot him. The State appealed, and on May 12, 1977 the New York State Court of Appeals affirmed no evidence was presented Dlugash committed murder, but it held Dlugash's conduct constituted attempted murder -- which he wasn't charged with -- and remanded to the trial court for his resentencing."

Conviction Caused By:

The prosecution presented no evidence the victim was alive when Dlugash shot him.

Innocence Proved By:

"On March 1, 1976 the New York Supreme Court Appellate Division overturned Dlugash's conviction and ordered dismissal of his indictment for murder because the prosecution presented no evidence the victim was alive when he shot him. The State appealed, and on May 12, 1977 the New York State Court of Appeals affirmed no evidence was presented Dlugash committed murder."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People v. Dlugash, 41 NY 2d 725, 363 NE 2d 1155 (NY Ct. of Appeals, 1977)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=11386365790218455465&q=Melvin+Dlugash&hl=en&as_sdt=6,48"

Information Source 2:

"People v. Dlugash, 51 AD 2d 974, 380 NYS 2d 315 (NY Appellate Div., 2nd Dept., 1976)"

Information Location 2:

"http://scholar.google.com/scholar_case?case=4872897353229762511&q=Melvin+Dlugash&hl=en&as_sdt=6,48"

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

Information Source 4:

"The Attempted Murder of a Corpse, Twenty-One Legal Puzzlers, Phil 22b, Brandeis. Edu, Spring 2000"

Information Location 4:

http://people.brandeis.edu/~teuber/puzz12.html

Information Source 5:

Information Location 5:

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Book Information:

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

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