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Wrongly Convicted Database Record
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Charge: |
Disorderly Conduct |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2013 |
Year Convicted: |
2014 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
New York |
City of Crime: |
New York City |
Result: |
Judicially Exonerated |
Summary of Case: |
"Marvin Drelich was wrongly convicted on January 8, 2014 of disorderly conduct (patronizing a prostitute in the third degree) for soliciting an act of prostitution on October 17, 2013 in New York County (Manhattan), New York. Drelich's prosecution was based on him offering an undercover female police officer "$15 in exchange for manual stimulation." The trial judge denied Drelich's pretrial motion to dismiss the charge because the accustory instrument charging him was defective. After a bench trial Drelich was found gulty and fined. He appealed. On December 22, 2017 the New York Supreme Court, Appellate Term, First Department in a two to one majority ruling reversed Drelich's conviction on the basis his accusatory instrument was fatally defective because the term "manual stimulation" without further details is insufficient to establish the "sexual conduct" element of engaging in disorderly conduct for patronizing a prostitute in the third degree (Penal Law § 230.04)). The Court ruled that " the term "manual stimulation," without more, is reasonably susceptible to non-sexual conduct." [People v Drelich (Marvin), 2017 NY Slip Op 27417 (NY Sup. Ct., App Term, 1st Dept, 12-22-2017). The Court ordered dismissal of the charge against Drelich, and return of his fine, surcharge, and fees he had remitted." |
Conviction Caused By: |
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Innocence Proved By: |
"On December 22, 2017 the New York Supreme Court, Appellate Term, First Department in a two to one majority ruling reversed Drelich's conviction on the basis his accusatory instrument was fatally defective because the term "manual stimulation" without further details is insufficient to establish the "sexual conduct" element of engaging in disorderly conduct for patronizing a prostitute in the third degree (Penal Law § 230.04)). The Court ruled that " the term "manual stimulation," without more, is reasonably susceptible to non-sexual conduct." [People v Drelich (Marvin), 2017 NY Slip Op 27417 (NY Sup. Ct., App Term, 1st Dept, 12-22-2017). The Court ordered dismissal of the charge against Drelich, and return of his fine, surcharge, and fees he had remitted." |
Defendant Aided By: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"People v Drelich (Marvin), 2017 NY Slip Op 27417 (NY Supreme Court, Appellate Term, First Department, 12-22-2018) (Reversing conviction based on defective accusatory instrument that didn't provide facts necessary for Drelich to now what to defend himself against.) " |
Information Location 1: |
https://law.justia.com/cases/new-york/appellate-term-first-department/2017/2017-ny-slip-op-27417.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org