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Wrongly Convicted Database Record
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Charge: |
Building Code Violations |
Sentence: |
Fine |
Years Imprisoned: |
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Year Crime: |
2016 |
Year Convicted: |
2018 |
Year Cleared: |
2020 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Suffolk |
City of Crime: |
Brookhaven |
Result: |
Judicially Exonerated |
Summary of Case: |
"Susan Mary Ferdinand was wrongly convicted on September 28, 2018 of violating the Brookhaven, New York Town Code Sec. 16-3. The prosecution of Susan Ferdinand was based on the allegation " an "addition" had been constructed in the rear of the main dwelling on a specified premises without a permit and that defendant [Ferdinand] was the owner of the premises." After her conviction following a bench [non-jury] trial, Ferdinand's motion to set aside the verdict was denied. Ferdinand was sentenced to pay a fine. She appealed. Ferdinand's conviction was reversed and the charge ordered dismissed on May 7, 2020 by the New York State Supreme Court Appellate Term, Second Department, 9th & 10th Judicial Districts on the basis the prosecution introduced insufficient evidence at trial to prove her guilt beyond a reasonable doubt. The Court's ruling stated: "Here, there was no evidence that defendant had constructed the rear "addition," or allowed or commenced the construction thereof. Furthermore, there was no evidence that defendant had maintained or continued to maintain, as an owner of the property, the rear "addition" constructed in violation of the permit requirement. In this regard, although the People proffered a deed to the property to show that defendant had become the owner of the property on January 20, 2016, the People conceded in their posttrial memorandum of law that, in February 2016, the ownership of the property had been transferred from defendant to a trust, and there was no proof that the rear "addition" had been constructed before the February 2016 transfer. Therefore, the evidence adduced at the trial was legally insufficient to support defendant's conviction of violating Brookhaven Town Code § 16-3 on March 31, 2016 [] While this contention is unpreserved for our review, as a matter of discretion in the interest of justice [], we reverse the judgment convicting defendant of violating Brookhaven Town Code § 16-3 and dismiss the accusatory instrument." [People v Ferdinand (Susan), 2020 NY Slip Op 50523(U) [(New York Supreme Court Appellate Term, Second Department, 9th & 10th Judicial Districts, 5-7-2020)]" |
Conviction Caused By: |
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Innocence Proved By: |
"Ferdinand's conviction was reversed and the charge ordered dismissed on May 7, 2020 by the New York State Supreme Court Appellate Term, Second Department, 9th & 10th Judicial Districts on the basis the prosecution introduced insufficient evidence at trial to prove her guilt beyond a reasonable doubt." |
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Compensation Awarded: |
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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: |
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Skin/Ethnicity: |
White |
Information Source 1: |
"People v. Ferdinand (Susan), 2020 NY Slip Op 50523(U) [No. 2017-1798NCR] (New York Supreme Court Appellate Term, Second Department, 9th & 10th Judicial Districts, 5-7-2020) (Reversing conviction on the basis the prosecution introduced insufficient evidence at trial to prove her guilt beyond a reasonable doubt.)" |
Information Location 1: |
https://www.nycourts.gov/reporter/3dseries/2020/2020_50523.htm |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org