Wrongly Convicted Database Record
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Charge: |
Resisting Arrest |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
2009 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Monroe |
City of Crime: |
Rochester |
Result: |
Judicially Exonerated |
Summary of Case: |
"John C. Howard, AKA John Howard, Jr. was wrongly convicted on July 16, 2009 of resisting arrest in Rochester, New York. Howard was peacefully standing on a sidewalk talking with some people when he protested a police officer's arrest of him for disorderly conduct. Howard was acquitted by a jury of disorderly conduct, but convicted of resisting arrest. Howard appealed, arguing their was insufficient evidence to support his resisting arrest conviction, and the State conceeded that Howard wasn't doing anything to warrant his arrest for disorderly conduct. Howard argued that since he wasn't commiting any crime the police had no probable cause to arrest him. On October 2, 2015 the New York Suprme Court's Appellate Div., 4th Dept. reversed Howard's conviction, ruling that "There being no probable cause that authorized defendant's arrest, [he] cannot be guilty of resisting arrest .. Because we conclude that the verdict is against the weight of the evidence, we reverse the judgment and dismiss the indictment." |
Conviction Caused By: |
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Innocence Proved By: |
"On October 2, 2015 the New York Suprme Court's Appellate Div., 4th Dept. reversed Howard's conviction, ruling that "There being no probable cause that authorized defendant's arrest, [he] cannot be guilty of resisting arrest .. Because we conclude that the verdict is against the weight of the evidence, we reverse the judgment and dismiss the indictment." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"People v. Howard, 2015 NY Slip Op 7100 (NY Appellate Div., 4th Dept. 10-1-2015) (Reversing conviction based on insufficient evidence and ordering dismissal of Howard's indictment.)" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=7639300181337444837&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