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Wrongly Convicted Database Record
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Charge: |
Municipal code violation |
Sentence: |
Fine |
Years Imprisoned: |
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Year Crime: |
2016 |
Year Convicted: |
2017 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Rockland |
City of Crime: |
Airmont Village |
Result: |
Judicially Exonerated |
Summary of Case: |
"Joseph Gantz was wrongly convicted on March 8, 2017 of violating Airmont Village Code § 210-51 (B), in Rockland County, New York. Gantz' prosecution was based on the allegation that "In October 2016, defendant was issued an appearance ticket which instructed him to appear in court "in connection with your commission of the charge[s]" of violating Airmont Village Code § 210-51, which requires an owner of property planning to install a circular driveway to submit a drawing by a certified engineer or surveyor in order to apply for a building permit, and Airmont Village Code § 89-4, which pertains to the requirement to obtain a building permit." After his conviction following a bench trial Gantz was fined. Gantz appealed. On August 30, 2018 the New York Supreme Court Appellate Term, Second Department reversed Gantz' conviction on the basis that "It is uncontroverted that only a notice of violation and an appearance ticket were filed in the case at bar. An appearance ticket, however, is not an accusatory instrument (see CPL 100.05), and its filing does not confer upon the court jurisdiction over the matter." The Court's ruling stated: "We note that even were the appearance ticket, read together with the notice of violation, deemed to be an accusatory instrument [], we would be compelled to dismiss it as facially insufficient, since neither document was verified as required by CPL 100.15 []" In view of the foregoing, the judgment of conviction is reversed and the notice of violation and appearance ticket are dismissed." All quotes from: People v Gantz (Joseph), 2018 NY Slip Op 51271(U) (NY Sup. Ct. App. Term, 2nd Dept, 8-30-2018)." |
Conviction Caused By: |
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Innocence Proved By: |
"On August 30, 2018 the New York Supreme Court Appellate Term, Second Department reversed Gantz' conviction on the basis that "It is uncontroverted that only a notice of violation and an appearance ticket were filed in the case at bar. An appearance ticket, however, is not an accusatory instrument (see CPL 100.05), and its filing does not confer upon the court jurisdiction over the matter." The Court's ruling stated: "We note that even were the appearance ticket, read together with the notice of violation, deemed to be an accusatory instrument [], we would be compelled to dismiss it as facially insufficient, since neither document was verified as required by CPL 100.15 []" In view of the foregoing, the judgment of conviction is reversed and the notice of violation and appearance ticket are dismissed." All quotes from: People v Gantz (Joseph), 2018 NY Slip Op 51271(U) (NY Sup. Ct. App. Term, 2nd Dept, 8-30-2018)." |
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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: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"People v Gantz (Joseph), 2018 NY Slip Op 51271(U) (NY Sup. Ct. App. Term, 2nd Dept, 8-30-2018) (Reversing conviction and ordering dismissal of charge.)" |
Information Location 1: |
http://www.nycourts.gov/reporter/3dseries/2018/2018_51271.htm |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org