Wrongly Convicted Database Record
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Charge: |
Theft and Fraud |
Sentence: |
"3 years suspended, 5 years probation, 500 hours community service, & $2,000 fine" |
Years Imprisoned: |
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Year Crime: |
2011 |
Year Convicted: |
2014 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Otsego |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Norman J. Michaels Jr. was wrongly convicted on May 16, 2014 was convicted in Otsego County, New York of one count of grand larceny and one count of scheming to defraud in the first degree. Michael's convictions were based on the prosecution's assertion that he schemed to defraud an insurance company by taking $62,000 in commissions for the sale in 2011 of health insurance policies outside the area covered by MVP. MVP is an insurance company based in Schenectady. On July 21, 2014 Michaels was given a three year suspended prison sentence (conditional on good behavior), five years probation, 500 hours of community service, and fined $2,000. Michaels appealed. On October 22, 2015 the New York State Supreme Court, Appellate Division, Third Judicial Department vacated Michaels' conviction on the basis the prosecution introduced insufficient evidence to prove his guilt of his crimes beyond a reasonable doubt. Fallout from the scandal surrounding Michaels prosecution toppled former Otsego County Chamber president Rob Robinson. On January 6, 2016 Michaels filed with New York State a Notice of Intention to File Claim for monetary damages sustained and other items of damages suffered by the claimant." |
Conviction Caused By: |
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Innocence Proved By: |
"On October 22, 2015 the New York State Supreme Court, Appellate Division, Third Judicial Department vacated both of Michaels' convictions on the basis the prosecution introduced insufficient evidence to prove his guilt of his crimes beyond a reasonable doubt." |
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: |
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Information Source 1: |
"The People of New York v. Norman J. Michaels, Jr., No. 06816 (NY State Sup. Ct., Appellate Div., Third Jud. Dept., 10-22-2015) (Vacating both convictions on the basis of insufficient evidence.)" |
Information Location 1: |
http://decisions.courts.state.ny.us/ad3/Decisions/2015/106816.pdf |
Information Source 2: |
"Agent convicted in Chamber fraud case, By Joe Mahoney (Staff Writer), The Daily Star (Oneonta, NY), May 19, 2014" |
Information Location 2: |
http://cnynews.com/local-conviction-and-indictment-thrown-out-by-top-court/ |
Information Source 3: |
"N.Y. Appeals Court Reverses Conviction Of Insurance Agent, By Staff writer, The Daily Star (Oneonta, NY), November 5, 2015" |
Information Location 3: |
http://insurancenewsnet.com/oarticle/2015/11/05/n-y-appeals-court-reverses-conviction-of-insurance-agent.html |
Information Source 4: |
"Wrongly convicted South Salem man sues state, By Jeff Morris (Staff), Lewisboro Ledger (Lewisboro, NY), January 21, 2016" |
Information Location 4: |
http://www.lewisboroledger.com/32060/wrongly-convicted-south-salem-man-sues-state/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org