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Wrongly Convicted Database Record
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Charge: |
Theft and Fraud |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2005 |
Year Convicted: |
2008 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Genesee |
City of Crime: |
Batavia |
Result: |
Judicially Exonerated |
Summary of Case: |
"Alexis Oberlander was wrongly convicted of 12 counts of offering a false instrument for filing in the first degree (Penal Law § 175.35) and one count of grand larceny in the second degree (§ 155.40 [1]) for failing to report on 12 recertification applications to the Genesee County, New York Department of Social Services (DSS) for child care, food stamp and Medicaid benefits that the father, Jeffrey Banks, of one of her children lived with her. The grand larceny count was based on the allegation that Oberlander illegally obtained more than $50,000 in benefits. During Oberlander's jury trial she testified that Banks did not live with her, but he did spend 2 to 3 nights per week at her residence, and spent the remainder of the time at another woman's home or at the homes of his family members. Three other defense witnesses who were often at Oberlander's residence testified that Banks spent time at her residence but they did not observe any of his personal effects there, nor did they have any knowledge he lived there. A fourth defense witness testified she rarely saw Banks at Oberlander's residence and had no knowledge he lived with her. The prosecution failed to present evidence that Banks received his mail at the residence, performed household chores, or paid household bills. Nevertheless, the jury convicted Oberlander of all counts, and she appealed, arguing the insuffiiciency of the evidence to prove her guilt. On March 20, 2009 the New York Supreme Court's Appellate Div., 4th Dept. reversed 11 counts of offering a false instrument and the larceny count on the basis the prosecution introduced insufficient evidence to prove her guilt beyond a reasonable doubt. The Court's ruling stated: "we conclude with respect to counts 2 through 12 of the indictment that the evidence is legally insufficient to establish that Banks lived with defendant and her children and thus that defendant knowingly filed a written instrument containing a false statement with the intent to defraud DSS. We further conclude that the evidence is legally insufficient to establish that defendant committed grand larceny in the second degree by stealing DSS benefits in excess of $50,000. The People failed to establish that defendant received benefits to which she would not have been entitled had Banks been living with her and that the value of those benefits exceeded $50,000. ... Indeed, DSS employees testified that the presence of Banks in the residence may not have impacted defendant's eligibility to receive benefits." The Court let stand the conviction for the most recent recertification application, however, a retrial was ordered because the trial judge abused his discretion by denying Oberlander's "request for a brief continuance to present a witness who, according to defendant, would testify that Banks spent 2 to 3 nights per week" at her residence and support that he did not live in her household. Oberlander was retried and again convicted of that count, but the appeals court reversed that conviction on April 20, 2012 on the basis of insufficient evidence and ordered dismissal of the charge." |
Conviction Caused By: |
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Innocence Proved By: |
"On March 20, 2009 the New York Supreme Court's Appellate Div., 4th Dept. reversed 11 counts of offering a false instrument and the larceny count on the basis the prosecution introduced insufficient evidence to prove her guilt beyond a reasonable doubt. The Court let stand the conviction for the most recent recertification application, however, a retrial was ordered because the trial judge abused his discretion by denying Oberlander's "request for a brief continuance to present a witness who, according to defendant, would testify that Banks spent 2 to 3 nights per week" at her residence and support that he did not live in her household. Oberlander was retried and again convicted of that count, but the appeals court reversed that conviction on April 20, 2012 on the basis of insufficient evidence and ordered dismissal of the charge." |
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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: |
Female |
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Information Source 1: |
"People v. Oberlander, 60 AD 3d 1288 (NY Appellate Div., 4th Dept. 3-20-2009) (Reversing conviction of 12 counts based on insufficient evidence and ordering dismissal of charges.)" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=16003640571222303531&q=People+v+Finch+%2823+NY3d+408%29+&hl=en&as_sdt=6,48" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org