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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: |
2006 |
Year Convicted: |
2010 |
Year Cleared: |
2016 |
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: |
"Shuaib O'Neill was wrongly convicted on April 1, 2010 of criminal possession of a weapon in the second degree and criminal possession of marihuana in the fifth degree in Queens County (New York City), New York. O'Neill's prosecution was based on the arresting officer's testimony that on the evening of November 3, 2006 he observed O'Neill and a male companion walking down the street wearing bandanas or masks, and that when he stopped his vehicle and confronted the men O'Neill threw a bag containing marihuana on the ground. The officer also testified that when he handcuffed O'Neill he found a gun on him. The officer testified that O'Neill signed a statement admitting possessing the gun. A number of irregularities in the case were brought to light during cross-examination of the officer, "including the arresting officer's failure to record the arrest in his memo book, his failure to call in the arrest, his failure to voucher the bandanas or masks, and the loss of the case folder containing the original of the defendant's written statement and signed Miranda waiver—all of which cast doubt on the arresting officer's credibility." (People v. O'Neill, 2016 NY Slip Op 05510 (NY Sup Ct, App Div, 2nd Dept, 7-13-16) One of the two officers who were with the arresting officer testified he saw the officer holding a gun, but he didn't see where he got it from. The third officer who was present during the arrest didn't testify. During his trial O'Neill testified in his defense to an incident radically different than what the officer testified to: he and his companion were not wearing masks or bandanas covering their faces; and he had no marihuana or gun on him. The testimony of O'Neill's companion -- who wasn't charged with any crimes -- corroborated O'Neill's testimony. Nevertheless, the judge accepted the officer's testimony and found O'Neill guilty of all charges. O'Neill filed a pro se appeal and requested appointment of counsel. The Queens County District Attorney opposed O'Neill's request, and on August 2, 2010 the New York Supreme Court, Appellate Division, Second District denied O'Neill's request for appointment of counsel on the basis he hadn't filed the proper paperwork proving his indigency. O'Neill subsequently filed the proper paperwork, and on May 30, 2012 the Appellate Division assigned counsel. More than four years later, on July 13, 2016, the New York Supreme Court's Appellate Division Second Department reversed Shuaib O'Neill's conviction on the basis it was against the weight of the evidence. The appeals court ruled the arresting officer's allegations lacked credibility that O'Neill committed his convicted crimes. The Court's ruling stated: "...we find that the rational inferences which can be drawn from the evidence presented at trial do not support the conviction beyond a reasonable doubt. ... Thus, the judgment must be reversed and the indictment dismissed." (People v. O'Neill, 2016 NY Slip Op 05510 (NY Sup Ct, App Div, 2nd Dept, 7-13-16)" |
Conviction Caused By: |
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Innocence Proved By: |
"On July 13, 2016 the New York Supreme Court's Appellate Division Second Department reversed Shuaib O'Neill's conviction on the basis it was against the weight of the evidence, because the arresting officer's allegations lacked credibility that O'Neill committed his convicted crimes. The Court's ruling stated: "...we find that the rational inferences which can be drawn from the evidence presented at trial do not support the conviction beyond a reasonable doubt. ... Thus, the judgment must be reversed and the indictment dismissed." (People v. O'Neill, 2016 NY Slip Op 05510 (NY Sup Ct, App Div, 2nd Dept, 7-13-16)" |
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: |
Black |
Information Source 1: |
"People v. Shuaib O'Neill, 2016 NY Slip Op 05510, No. 2010-04087 (NY Supreme Court, Appellate Division, Second Department, July 13, 2016) (Reversing conviction that was against the weight of the evidence, because the arresting officer's allegations O'Neill committed his accused crimes lacked credibility, and ordered dismissal of indictment.)" |
Information Location 1: |
http://www.nycourts.gov/reporter/3dseries/2016/2016_05510.htm |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org