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Wrongly Convicted Database Record
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Charge: |
Kidnapping and Assault |
Sentence: |
4 years |
Years Imprisoned: |
0.25 |
Year Crime: |
2013 |
Year Convicted: |
2016 |
Year Cleared: |
2018 |
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: |
"Mayer Herskovic was wrongly convicted on September 23, 2016 of kidnapping and assault committed in Kings County, New York on December 1, 2013. Herskovic's prosecution was based on the testimony of the victim and expert testimony about DNA testing conducted on the victim's sneaker. After his conviction following a bench trial, Mayer Herskovic was sentenced to 4 years in prison, but he was released on bail pending the outcome of his appeal. On October 10, 2018 the Appellate Division of the Supreme Court of New York, Second Department unanimously reversed Herskovic's convictions as against the weight of the prosecution's trial evidence, which didn't prove Herskovic's guilt beyond a reasonable doubt. The Court's ruling stated: "However, upon the exercise of our independent factual review power (see CPL 470.15 [5]), we conclude that the verdict of guilt was against the weight of the evidence. ... At the trial, the complainant was not able to identify any of the persons who assaulted him. ... Notably, the complainant and others who testified at the trial gave conflicting accounts of the assault. ... The complainant's sneaker was recovered six days after the incident. The DNA sample obtained from the sneaker contained only 97.9 picograms of DNA, which is less than the minimum amount of DNA material—100 picograms—needed for traditional DNA testing. Further, the DNA sample was a nondeducible mixture, meaning that it contained the DNA of two or more persons, but that the mixture could not be broken apart to determine which strings of DNA came from which person. ... The FST analysis of the DNA was based upon a Caucasian population, and failed to take into account the genetic history of the defendant, a member of the Hasidic population. ... Under the circumstances of this case, including the complainant's inability to positively identify any of his attackers, the varying accounts regarding the incident, and the DNA evidence, which was less than convincing, we find that the evidence, when properly weighed, did not establish the defendant's guilt beyond a reasonable doubt." [People v. Herskovic, 165 AD 3d 835 (NY Appellate Div., 2nd Dept. 2018]" |
Conviction Caused By: |
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Innocence Proved By: |
"On October 10, 2018 the Appellate Division of the Supreme Court of New York, Second Department unanimously reversed Herskovic's convictions as against the weight of the prosecution's trial evidence, which didn't prove Herskovic's guilt beyond a reasonable doubt." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
23 |
Age When Released: |
24 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"People v. Herskovic, 165 AD 3d 835 (NY Appellate Div., 2nd Dept. 2018) (Reversing conviction based on it was against the weight of the prosecution's trial evidence that didn't prove Herskovic's guilt beyond a reasonable doubt.)" |
Information Location 1: |
https://scholar.google.com/scholar_case?case=7362712867049767985&q=%27Mayer+Herskovic&hl=en&as_sdt=4006 |
Information Source 2: |
"Appeals Court Reverses Conviction of Hasidic Jewish Man in Brooklyn Gang-Assault Case, by Jason Grant, ALMReports.com, October 11, 2018, " |
Information Location 2: |
http://www.almreprints.com |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org