Wrongly Convicted Database Record
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Charge: |
Resisting Arrest |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2009 |
Year Convicted: |
2010 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Onondaga |
City of Crime: |
Syracuse |
Result: |
Judicially Exonerated |
Summary of Case: |
"Nature G. Finch was wrongly convicted in 2010 of three counts of criminal trespass and resisting arrest on May 27, 2009 related to him visiting his son who lived with the boy's mother at Syracuse, New York apartment complex. Although his son's mother invited him to visit his son and be in her apartment, the apartment manager didn't want him on the premises. After the jury convicted Finch the judge granted Finch's motion for a judgment of acquittal on the trespass counts, but he ruled that the officer's had probable cause to arrest Finch for resisting arrest. Finch appealed, and the State conceeded that Finch wasn't trespassing at the time of his arrest. On May 13, 2014 the New York Court of Appeals reversed Finch's conviction for resisting arrest on the basis the accusatory instrument (information) failed to establish the police had probable cause to arrest Finch, which argument he first raised at the time of his arraignment. New York State Penal Law § 205.30 defines resisting arrest as intentionally preventing or attempting to prevent a police officer "from effecting an authorized arrest," and since Finch wasn't commiting any crime to be arrested for committing, his arrested wasn't authorized. The Court ordered dismissal of the information charging Finch with resisting arrest." |
Conviction Caused By: |
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Innocence Proved By: |
"On May 13, 2014 the New York Court of Appeals reversed Finch's conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt, and ordered dismissal of the information charging him with resisting arrest." |
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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. Finch, 23 NY 3d 408 (NY Ct of Appeals, 5-13-2014) (Reversing conviction and ordering dismissal of information)" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=16107364185292525880&q=People+v+Finch+%2823+NY3d+408%29+&hl=en&as_sdt=6,48" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org