Wrongly Convicted Database Record

 

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Leonard Lipsky

 

Charge:

Second Degree Murder

Sentence:

Years Imprisoned:

Year Crime:

Year Convicted:

Year Cleared:

1981

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:

"Leonard Lipsky was wrongly convicted of second degree murder in the disappearance in June 1976 of Mary Robinson in Rochester, New York where she worked as a prostitute. Ms. Robinson's body was not found and there was no evidence she was dead and had not moved elsewhere, so the prosecution's case relied on Lipsky's confession after his arrest for an unrelated crime in Provo, Utah in 1979. Lipsky appealed after his conviction by a jury. On December 23, 1981 the New York Supreme Court Appellate Division overturned Lipsky's conviction on the basis the prosecution introducedinsufficient evidence of Lipsky's guilt and ordered dismissal of his indictment in ruling: "It has long been the law in New York, now codified in CPL 60.50 (see People v Murray, 40 N.Y.2d 327, 332, cert den 430 US 948), that a defendant cannot be convicted solely upon his own confession or admission (see People v Daniels, 37 N.Y.2d 624, 629). Proof independent of the confession that the crime charged has been committed, i.e., of the corpus delicti, is required "which `in case of murder or manslaughter, means the body of a crime, and is divided into two component parts, the first of which is the death of the person, and the second is that the death is produced through criminal agency." People v. Lipsky, 84 AD 2d 42, 45 (NY Appellate Div., 4th Dept., 1981)"

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People v. Lipsky, 84 AD 2d 42 (NY Appellate Div., 4th Dept., 1981)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=231729589309938642&q=84+AD+2d+42+&hl=en&as_sdt=6,48"

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