Wrongly Convicted Database Record
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Charge: |
Drug related and firearm charges |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2011 |
Year Convicted: |
2013 |
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: |
"Terrence Graham was wrongly convicted on February 21, 2013 of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the fifth degree in New York City. The trial judge denied Graham's pretrial motion to suppress the weapon and drugs recovered from his coat pocket on the basis the police officer did not have probable cause to search him. After his conviction by a jury Graham appealed. On December 28, 2015 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Graham's convictions and ordered dismissal of his indictment based on insufficient evidence of his guilt. The Court ruled the trial judge erred in not suppressing the evidence of what was an illegal search because there was no probable cause to search Graham, and without the fruits of the poisonous tree there was no evidence Graham had committed a crime." |
Conviction Caused By: |
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Innocence Proved By: |
"On December 28, 2015 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Graham's convictions and ordered dismissal of his indictment based on insufficient evidence of his guilt. The Court ruled the trial judge erred in not suppressing the evidence of what was an illegal search because there was no probable cause to search Graham, and without the fruits of the poisonous tree there was no evidence Graham had committed a crime." |
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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: |
"The People of the State of New York v. Terrence Graham, No. 2013-03724 (NY Sup. Ct. Appellate Div., 2nd Jud. Dept., 12-23-2015) (Reversing conviction and ordering dismissal of indictment based on insufficient evidence.)" |
Information Location 1: |
http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2015/D47466.pdf |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org