Wrongly Convicted Database Record

 

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Anar Gavrilov

 

Charge:

"Unauthorized use of vehicle (e.g., Stealing)"

Sentence:

Years Imprisoned:

Year Crime:

2012

Year Convicted:

2012

Year Cleared:

2015

U.S. State or Country of Crime:

New York

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"Anar Gavrilov was wrongly convicted on Decmeber 5, 2012 of misdemeanor unauthorized use of a vehicle in the third degree in Kings County, New York. Gavrilov pled guilty to the charge. In 2013 Gavrilov filed a motion with the appeals court for leave to prosecute an appeal from his judgment of conviction of the Criminal Court of the City of New York, Kings County, as a poor person, and for the assignment of counsel. On February 15, 2013 the motion was granted. On October 21, 2015 the New York State Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts unanmously vacated Gavrilov's guilty plea and ordered dismissal of the charge based on the insufficiency of the charging instrument to allege a violation of New York Penal Law § 165.05 [1]. The Court noted that because the sufficiency of the charging instrument was a jurisdictional issue, that Gavrilov did not forfeit his right to appeal by pleading guilty. The Court's ruling stated: "Here, since the accusatory instrument simply alleged that defendant was observed entering Andre Pantaleo's car and taking Pantaleo's wallet from the car, the instrument did not establish that defendant took actions that interfered with or were detrimental to Pantaleo's possession or use of the vehicle. As a result, the instrument did not demonstrate that defendant had exercised control over the vehicle, let alone took it, operated it, rode in it, or otherwise used the vehicle. Thus, the factual allegations contained in the accusatory instrument did not sufficiently allege facts of an evidentiary character supporting or tending to support the charge (see CPL 100.15 [3]) or provide reasonable cause to believe that defendant had committed the offense of unauthorized use of a vehicle in the third degree (see CPL 100.40 [4] [b]), the count to which he pleaded guilty.""

Conviction Caused By:

Innocence Proved By:

"On October 21, 2015 the New York State Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts unanmously vacated Gavrilov's guilty plea and ordered dismissal of the charge based on the insufficiency of the charging instrument to state facts supporting probable cause of a violation of New York Penal Law § 165.05 [1]."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"The People v. Gavrilov, 2015 NY Slip Op 51562 (U), (NY Appellate Term, 2nd Dept. 2015, 10-21-2015) (Vacating guilty plea based on the failure of the accusatory instrument to state facts constituting a crime.)"

Information Location 1:

http://law.justia.com/cases/new-york/appellate-term-second-department/2015/2015-ny-slip-op-51562-u.html

Information Source 2:

"The People v. Gavrilov, 2013-135 K CR (NY Sup. Ct., Appellate Term, Second Dept., 2d, 11th and 13th Jud. Dist., 2-15-2013) (Granting motion for leave to appeal and appointment of counsel.)"

Information Location 2:

https://casetext.com/case/people-v-gavrilov-1

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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