Wrongly Convicted Database Record

 

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Benito Miranda-Hernandez

 

Charge:

Drug related and firearm charges

Sentence:

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2011

Year Cleared:

2013

U.S. State or Country of Crime:

New York

County or Region of Crime:

Queens

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"Benito Miranda-Hernandez was wrongly convicted in 2011 of criminal possession of a firearm and cocaine in Queens County, New York. The trial judge denied Miranda-Hernandez' pretrial motion to suppress the weapon and drugs recovered from car on the basis the police officer did not have probable cause to conduct a search. After his conviction by a jury Miranda-Hernandez appealed. On December 28, 2015 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Miranda-Hernandez' convictions and ordered dismissal of his indictment based on insufficient evidence of his guilt. The Court ruled the trial judge erred in not suppressing the evidence of what was an illegal search because there was no probable cause to search Miranda-Hernandez' vehicle, and without the fruits of the poisonous tree there was no evidence he had committed a crime."

Conviction Caused By:

Innocence Proved By:

"On May 8, 2013 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Miranda-Hernandez' convictions and ordered dismissal of his indictment based on insufficient evidence of his guilt. The Court ruled the trial judge erred in not suppressing the evidence of what was an illegal search because there was no probable cause to search Miranda-Hernandez, and without the fruits of the poisonous tree there was no evidence he had committed a crime."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"The People of the State of New York v. Benito Miranda-Hernandez, 106 A.D.3d 838 (2013), 964 N.Y.S.2d 638 (NY Sup. Ct. Appellate Div., 2nd Jud. Dept., 5-8-2013) (Reversing conviction and ordering dismissal of indictment based on insufficient evidence.)"

Information Location 1:

http://www.leagle.com/decision/In%20NYCO%2020130508340/PEOPLE%20v.%20MIRANDA-HERNANDEZ

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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