Julian S. Pellecier

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Charge:	Disorderly Conduct
Sentence:
Years Imprisoned:
Year Crime:	2009
Year Convicted:	2011
Year Cleared:	2017
U.S. State or Country of Crime:	New York
County or Region of Crime:	Suffolk
City of Crime:	Southampton
Result:	Judicially Exonerated
Summary of Case:	"Julian S. Pellecier was wrongly convicted on January 10, 2011 of disorderly conduct in Southampton, New York on the evening of May 10, 2009. Pellecier's prosecution was based on him being stopped while driving a Cadillac by a police officer who noticed that one of the vehicle's headlights was not working. The officer suspected Julian Pellecier might have been drinking, so he administered field sobriety tests, which Pellecier passed. However, Pellecier acted agitated when cars drove by, and the officer charged him with disorderly conduct. Pellecier waived his right to a jury trial, and a bench trial was held on January 10, 2010. More than seven months later, on July 28, 2010 the State filed a memorandum of law setting forth legal arguments that Pellecier's conduct constituted disorderly conduct. Exactly a year after his trial, the judge found Pellecier guilty in a five-page written decision filed on January 10, 2011. Pellecier appealed, and one of his arguments was "that the long delay between the trial and the verdict requires that the judgments be reversed and the accusatory instruments dismissed. Defendant further argues that, in any event, the disorderly conduct conviction should be reversed and the accusatory instrument charging that offense dismissed, as the evidence was legally insufficient to support that charge, and that the verdict of guilt as to that charge was against the weight of the evidence." On January 24, 2017 Pellecier's conviction was unanimously overturned and his charges were ordered dismissed by the New York State Supreme Court Second Dept, 9th & 10th Judicial Districts. The Court's ruling stated: "A defendant in a nonjury trial is entitled to a verdict within a reasonable period of time. .. Courts have distinguished between short, uncomplicated cases, where a lengthy delay in rendering a verdict is unreasonable, and cases where the proceedings were lengthy, posttrial memoranda were submitted, and complex issues were raised. Here, the only witness who testified was the arresting officer. The trial transcript is only 42 pages long. Although the People submitted a posttrial memorandum, the issue in this case, as formulated by the trial court, involved the relatively simple one of whether defendant's actions were sufficiently public in nature so as to constitute disorderly conduct in violation of Penal Law § 240.20 (3). Consequently, we find that the one-year delay between the end of the trial and the verdict is unreasonable. ... Accordingly, the judgments of conviction are reversed and the accusatory instruments are dismissed." (People v. Pellecier, 2017 NY Slip Op 50132(U) (NY Sup. Ct., 9th & 10th Jud. Dist., App. Tm., 2nd, 1-24-2017)"
Conviction Caused By:
Innocence Proved By:	"On January 24, 2017 Pellecier's conviction was unanimously overturned and his charges were ordered dismissed by the New York State Supreme Court Second Dept, 9th & 10th Judicial Districts."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"The People of New York v. Pellecier, 2017 NY Slip Op 50132(U), 2011-401 S CR, NYLJ 1202779829821, at *1 (9th & 10th Jud. Dist., App. Tm., 2nd, 1-24-2017) (Reverses disorderly conduct conviction in interest of justice.)"
Information Location 1:	http://www.nycourts.gov/reporter/3dseries/2017/2017_50132.htm
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Julian S. Pellecier

Charge:

Disorderly Conduct

Sentence:

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2011

Year Cleared:

2017

U.S. State or Country of Crime:

New York

County or Region of Crime:

Suffolk

City of Crime:

Southampton

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On January 24, 2017 Pellecier's conviction was unanimously overturned and his charges were ordered dismissed by the New York State Supreme Court Second Dept, 9th & 10th Judicial Districts."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"The People of New York v. Pellecier, 2017 NY Slip Op 50132(U), 2011-401 S CR, NYLJ 1202779829821, at *1 (9th & 10th Jud. Dist., App. Tm., 2nd, 1-24-2017) (Reverses disorderly conduct conviction in interest of justice.)"

Information Location 1:

http://www.nycourts.gov/reporter/3dseries/2017/2017_50132.htm

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