Richard Martino

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Charge:	"Land, construction or zoning regulation violation"
Sentence:	"$4,000 fine"
Years Imprisoned:
Year Crime:	2006
Year Convicted:	2013
Year Cleared:	2015
U.S. State or Country of Crime:	New York
County or Region of Crime:	Suffolk
City of Crime:	Southold
Result:	Judicially Exonerated
Summary of Case:	"Richard Martino was wrongly convicted on September 16, 2013 of failing to obtain a permit from the City of Southold, New York before constructing stairs in 2006 on his property within 100' of a bluff above the beach on Long Island Sound. On November 21, 2006 Martino was charged with the misdemeanor of violating section 275-5 of the Code of the Town of Southold, alleging that he had constructed "stairs within 100' of the bluff line without a permit from the Board of Trustees." After his conviction following a bench (judge only) trial in the Justice Court of the City of the Town of Southold, Martino was found guilty and fined $4,000. Martino appealed. On September 18, 2015 the New York Supreme Court, Appellate Term, 2nd Dept., 9th & 10th Jud. Dist., reversed Martino's conviction based on the prosecution's failure to introduce sufficient evidence to prove beyond a reasonable doubt the essential element that the stairs Martino had built were within 100' of a bluff. Therefore, there was no evidence a crime had been committed. The Court ordered that "Accordingly, the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.""
Conviction Caused By:
Innocence Proved By:	"On September 18, 2015 the New York Supreme Court, Appellate Term, 2nd Dept., 9th & 10th Jud. Dist., reversed Martino's conviction based on the prosecution's failure to introduce sufficient evidence to prove beyond a reasonable doubt the essential element that the stairs Martino had built were within 100' of a bluff. Therefore, there was no evidence a crime had been committed. The Court ordered that "Accordingly, the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.""
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"The People v. Martino (Richard), 2015 NY Slip Op 51436 (U), 2013-2134 S CR (Sup. Ct., Appellate Term, 2nd Dept., 9th & 10th Jud. Dist., 9-18-2015) (Reversing conviction based on insufficient evidence of guilt and ordering dismissal of charges and return of any fine paid.)"
Information Location 1:	http://law.justia.com/cases/new-york/appellate-term-second-department/2015/2015-ny-slip-op-51436-u.html
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Richard Martino

Charge:

"Land, construction or zoning regulation violation"

Sentence:

"$4,000 fine"

Years Imprisoned:

Year Crime:

2006

Year Convicted:

2013

Year Cleared:

2015

U.S. State or Country of Crime:

New York

County or Region of Crime:

Suffolk

City of Crime:

Southold

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"The People v. Martino (Richard), 2015 NY Slip Op 51436 (U), 2013-2134 S CR (Sup. Ct., Appellate Term, 2nd Dept., 9th & 10th Jud. Dist., 9-18-2015) (Reversing conviction based on insufficient evidence of guilt and ordering dismissal of charges and return of any fine paid.)"

Information Location 1:

http://law.justia.com/cases/new-york/appellate-term-second-department/2015/2015-ny-slip-op-51436-u.html

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: