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Wrongly Convicted Database Record
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Charge: |
Vehicle Offense (no insurance) |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2014 |
Year Convicted: |
2016 |
Year Cleared: |
2019 |
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: |
"Abdul Evans was wrongly convicted on April 5, 2016 of of operating an uninsured motor vehicle in Queens County, New York on August 29, 2014. Evans was prosecuted for vehicle violations based on a traffic stop of a 2010 GMC Suburban he wasn't the owner of. He was convicted by a jury in the Criminal Court of the City of New York, Queens County (Judge Elisa S. Koenderman, J.). Evans appealed. On August 2, 2019 the New York Supreme Court Appellate Term, Second Department reversed Evans uninsured motor vehicle conviction on the basis it was against the weight of the evidence. The jurors were charged that they could find Evans guilty if he was the owner of the vehicle. The appeals court's ruling stated: " We conclude that that guilty verdict was against the weight of the evidence (see People v Danielson, 9 NY3d at 348-349; People v Samuels, 130 AD3d 757 [2015]), as no proof was presented at trial establishing that defendant was the owner of the black 2010 GMC suburban that he was operating on a public highway." [People v Evans (Abdul) 2019 NY Slip Op 51242(U) (NY Supreme Court Appellate Term, Second Department, Aug 2, 2019)] The Court also ruled the jury's "verdict of guilt with respect to the counts charging defendant with unlicensed operation of a motor vehicle and operating an unregistered motor vehicle was not against the weight of the evidence."" |
Conviction Caused By: |
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Innocence Proved By: |
"On August 2, 2019 the New York Supreme Court Appellate Term, Second Department reversed Evans uninsured motor vehicle conviction on the basis it was against the weight of the evidence. The jurors were charged that they could find Evans guilty if he was the owner of the vehicle. The appeals court's ruling stated: " We conclude that that guilty verdict was against the weight of the evidence (see People v Danielson, 9 NY3d at 348-349; People v Samuels, 130 AD3d 757 [2015]), as no proof was presented at trial establishing that defendant was the owner of the black 2010 GMC suburban that he was operating on a public highway." [People v Evans (Abdul) 2019 NY Slip Op 51242(U) (NY Supreme Court Appellate Term, Second Department, Aug 2, 2019)" |
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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 Evans (Abdul), 2019 NY Slip Op 51242(U) (NY Supreme Court Appellate Term, Second Department, Aug 2, 2019) (Reversing conviction that was against the weight of the evidence.)" |
Information Location 1: |
https://law.justia.com/cases/new-york/appellate-term-second-department/2019/2019-ny-slip-op-51242-u.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org