Wrongly Convicted Database Record
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Charge: |
Drug related and firearm charges |
Sentence: |
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Years Imprisoned: |
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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: |
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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." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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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