Marie Makrides

Go to Database Search Page

Go to Database Index Page

Charge:	Municipal code violation
Sentence:	"$10,000 fine"
Years Imprisoned:
Year Crime:	2014
Year Convicted:	2015
Year Cleared:	2017
U.S. State or Country of Crime:	New York
County or Region of Crime:	Suffolk
City of Crime:	Port Jefferson
Result:	Judicially Exonerated
Summary of Case:	"Marie Makrides was wrongly convicted on June 19, 2015 of two misdemeanor counts of violating the housing rental code in the Village of Port Jefferson, New York. Makrides prosecution was based on her alleged failure to obtain a rental occupancy permit for a rental home she owned. On August 20, 2014 an inspector for Port Jefferson went to Makrides house and the inspector alleged that the man who answered the door told the inspector that he was renting the house from Makrides. Makrides filed a pretrial "motion to dismiss the informations as facially insufficient, contending that the informations fail to contain facts of an evidentiary nature supporting or tending to support the charge, that they do not specify in what capacity defendant committed the violations, and that they are improperly based upon hearsay." The Port Jefferson Justice Court judge denied the motion. During her trial the inspector provided hearsay testimony about what the man who answered the door allegedly told him, and the judge denied Makrides motion to exclude his testimony as hearsay. After the judge convicted her following a non-jury bench trial, on August 25, 2015 the judge sentenced Makrides to pay a fine of $5,000 on each conviction. Makrides appealed. On October 26, 2017 a three-judge panel of the New York Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts reversed Makrides' convictions on the basis the trial judge erred in denying her pretrial motion to dismiss the informations as facially insufficient. The Court's ruling stated: "Upon a review of the informations, we find that they are jurisdictionally defective and must be dismissed, since they do not establish, through nonhearsay allegations, that the dwelling was being used as a rental occupancy. ... Accordingly, the judgments of conviction are reversed and the accusatory instruments are dismissed.""
Conviction Caused By:	Trial judge improperly failed to dismiss information that was based on hearsay evidence.
Innocence Proved By:	"On October 26, 2017 a three-judge panel of the New York Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts reversed Makrides' convictions on the basis the trial judge erred in denying her pretrial motion to dismiss the informations as facially insufficient. The Court's ruling stated: "Upon a review of the informations, we find that they are jurisdictionally defective and must be dismissed, since they do not establish, through nonhearsay allegations, that the dwelling was being used as a rental occupancy. ... Accordingly, the judgments of conviction are reversed and the accusatory instruments are dismissed." "
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Female
Skin/Ethnicity:	White
Information Source 1:	"People v Makrides (Marie) 2017 NY Slip Op 51442(U) (New York Supreme Court Appellate Term, Second Department, 9th & 10th Judicial Dist., 10-26-2017) (Reversing convictions and ordering dismissal of the charges based on a defective accusatory information that was based on hearsay.)"
Information Location 1:	https://law.justia.com/cases/new-york/appellate-term-second-department/2017/2017-ny-slip-op-51442-u.html
Information Source 2:
Information Location 2:
Information Source 3:
Information Location 3:
Information Source 4:
Information Location 4:
Information Source 5:
Information Location 5:
Book About Case:
Book Information:
Book About Case (2):
Book Information (2):
Movie About Case:
Comments About Case:

Go to Database Search Page

Go to Database Index Page

Marie Makrides

Charge:

Municipal code violation

Sentence:

"$10,000 fine"

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2015

Year Cleared:

2017

U.S. State or Country of Crime:

New York

County or Region of Crime:

Suffolk

City of Crime:

Port Jefferson

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Trial judge improperly failed to dismiss information that was based on hearsay evidence.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"People v Makrides (Marie) 2017 NY Slip Op 51442(U) (New York Supreme Court Appellate Term, Second Department, 9th & 10th Judicial Dist., 10-26-2017) (Reversing convictions and ordering dismissal of the charges based on a defective accusatory information that was based on hearsay.)"

Information Location 1:

https://law.justia.com/cases/new-york/appellate-term-second-department/2017/2017-ny-slip-op-51442-u.html

Information Source 2:

Information Location 2:

Information Source 3:

Information Location 3:

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: