Wrongly Convicted Database Record
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Charge: |
Assault (Misdemeanor) |
Sentence: |
1 year probation & 500 fine |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2013 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Nassau |
City of Crime: |
Saddle Rock |
Result: |
Judicially Exonerated |
Summary of Case: |
"Sasha Masri was wrongly convicted on June 18, 2013 of misdemeanor attempted assault of Saddle Rock, New York Mayor Dan Levy on 2012. Masri and Levy had an acrimonious relationship, and after the monthly village meeting in October 2012 they had an altercation. Masri was charged with misdemeanor assault, drug and weapons charges. During Masri's bench (judge only) trial the prosecution's case was based on Levy's testimony, and Masri testified in his defense that he slapped Levy following a profanity-laced exchange that included Levy insulting Masris mother. After presentation of the evidence, over Masri's objection, trial judge Supreme Court Justice Philip Grella granted the prosecution motion that the charge of misdemeanor attempted assault also be considered. Masri was acquitted of all the original charges, but Grella convicted him of the new misdemeanor attempted assault charge. On August 14, 2013 Grella sentenced Masri to one year of probation and payment of a $500 fine. Masri appealed. On January 28, 2015 the New York State Supreme Court's Appellate Division reversed Masri's conviction on the basis the trial judge erred in granting the prosecutions' request to consider the lesser offense of attempted assault. The appeals court ruled, "Under the circumstances of this case, the Supreme Court erred in granting the People's request to consider the lesser-included offense of attempted assault in the third degree, since there was no reasonable view of the evidence that the defendant committed the lesser offense, but not the greater offense of assault in the third degree. Contrary to the People's contention, there is no reasonable view of the evidence that the defendant attempted to assault the complainant, but was unsuccessful in doing so. Accordingly, the defendant's conviction must be reversed."" |
Conviction Caused By: |
Trial judge erroneously convicted Masri of a crime he had not been charged with. |
Innocence Proved By: |
"On January 28, 2015 the New York State Supreme Court's Appellate Division reversed Masri's conviction on the basis the trial judge, Supreme Court Justice Philip Grella, erred in granting the prosecutors' request to consider the lesser offense of attempted assault. The appeals court ruled, "Contrary to the People's contention, there is no reasonable view of the evidence that the defendant attempted to assault the complainant, but was unsuccessful in doing so. Accordingly, the defendant's conviction must be reversed."" |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Other |
Information Source 1: |
"People v Masri, 2015 NY Slip Op 00784 (NYSCAD II, 1-28-2015) (Reversing conviction)" |
Information Location 1: |
http://www.nycourts.gov/reporter/3dseries/2015/2015_00784.htm |
Information Source 2: |
"Saddle Rock man's conviction overturned in case of assault on mayor, By Kevin Deutsch (Staff writer), Newsday (New York), January 31, 2015" |
Information Location 2: |
http://www.newsday.com/long-island/nassau/sasha-masri-s-conviction-overturned-in-attack-on-saddle-rock-mayor-1.9887956 |
Information Source 3: |
"Masri found guilty of attempted assault, by Dan Glaun, The Long Island Now, June 20, 2013" |
Information Location 3: |
http://www.theislandnow.com/great_neck/masri-found-guilty-of-attempted-assault/article_082a47e8-d9e4-11e2-97fd-0019bb2963f4.html |
Information Source 4: |
"Saddle Rock mayor attacked after village meeting, By Eyewitness News, WABC-TV (New York City), October 5, 2012" |
Information Location 4: |
http://7online.com/archive/8836405/ |
Information Source 5: |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org