Juan Carlos Pichardo (Drug conviction)

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Charge:	Drug Related (Possession or sale)
Sentence:	1 to 3 years
Years Imprisoned:
Year Crime:	1994
Year Convicted:	1994
Year Cleared:	2003
U.S. State or Country of Crime:	New York
County or Region of Crime:	Bronx
City of Crime:	New York City
Result:	Judicially Exonerated
Summary of Case:	"Juan Carlos Pichardo was wrongly convicted in 1994 of criminal sale of a controlled substance in the third degree, in Bronx County, New York. The charge was based on his alleged sale of a $20 bag of cocaine to an undercover police officer on January 5, 1994. While the drug charge that carried a maximum sentence of 25 years in prison was pending, Juan Pichardo was convicted of murder in New York County, and he was sentenced to 20 years to life in prison. A week later Juan Pichardo filed a notice of his intent to appeal his murder conviction, and the Bronx County District Attorney represented to Pichardo that if he pled guilty to the drug charge he would agreed to a sentence of 1 to 3 years in prison that would be served concurrently with his murder sentence. Based on the DA's representation, Pichardo changed his not guilty plea. Pichardo pled guilty and was sentenced to 1 to 3 years to prison to be served concurrently with his 20 years to life prison sentence for murder. Pichardo's murder conviction was overturned on appeal, and after a retrial he was acquitted by a jury on June 15, 2000. Pichardo was immediately released. Pichardo then filed a petition to vacate his guilty plea to the drug charge and set-aside his conviction based on the fact that he had pled guilty on the specific proviso that his sentence would be served concurrently with his sentence for his murder conviction, and that specific condition couldn't be fulfilled because his murder conviction had been voided. The Bronx County judge granted Pichardo's petition. The Bronx County DA appealed, and on October 1, 2002 the Supreme Court's Appellate Division, First Dept. reversed the judge's ruling and reinstated Pichardo's gulty plea. Pichardo appealed. On December 2, 2003 the New York Court of Appeals reinstated the trial judge's order vacating Pichardo's guilty plea. The Court's ruling stated: "In effect, when the murder conviction was vacated, defendant's "concurrent" time became a nullity—in the eyes of the law, it is as if he served no time at all on the murder, and his sentence on the drug charge stood alone, based on an unfulfilled and unfulfillable promise. On this record, we cannot say that defendant would have foregone pretrial and trial rights and pleaded guilty to the top count of the Bronx County indictment ... had it not been for the New York County conviction for murder, of which he now stands acquitted." People v. Pichardo, 1 N.Y.3d 126, 130 (NY Court of Appeals 2003)"
Conviction Caused By:
Innocence Proved By:	"On December 2, 2003 the New York Court of Appeals reinstated the trial judge's order vacating Juan Pichardo's guilty plea. The Court's ruling stated: "In effect, when the murder conviction was vacated, defendant's "concurrent" time became a nullity—in the eyes of the law, it is as if he served no time at all on the murder, and his sentence on the drug charge stood alone, based on an unfulfilled and unfulfillable promise. On this record, we cannot say that defendant would have foregone pretrial and trial rights and pleaded guilty to the top count of the Bronx County indictment ... had it not been for the New York County conviction for murder, of which he now stands acquitted." People v. Pichardo, 1 N.Y.3d 126, 130 (NY Court of Appeals 2003)"
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	23
Age When Released:	29
Sex:	Male
Skin/Ethnicity:	Hispanic
Information Source 1:	"People v. Pichardo, 802 NE 2d 141, 1 N.Y.3d 126, 769 N.Y.S.2d 791 ( NY Court of Appeals, 12-2-2003) (Reinstating trial court's order vacating Pichardo's guilty plea.)"
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Information Source 2:	"People v. Carlos Pichardo, 298 A.D.2d 101, 748 N.Y.S.2d 545 ( NY Appellate Div., 1st Dept., 10-1-2002) (Reversing trial court's vacating of Pichardo's 1994 drug conviction)"
Information Location 2:	"https://scholar.google.com/scholar_case?case=4210085942594076173&q=Juan+Carlos+Pichardo&hl=en&as_sdt=4,33"
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Juan Carlos Pichardo (Drug conviction)

Charge:

Drug Related (Possession or sale)

Sentence:

1 to 3 years

Years Imprisoned:

Year Crime:

1994

Year Convicted:

1994

Year Cleared:

2003

U.S. State or Country of Crime:

New York

County or Region of Crime:

Bronx

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

23

Age When Released:

29

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"People v. Pichardo, 802 NE 2d 141, 1 N.Y.3d 126, 769 N.Y.S.2d 791 ( NY Court of Appeals, 12-2-2003) (Reinstating trial court's order vacating Pichardo's guilty plea.)"

Information Location 1:

Information Source 2:

"People v. Carlos Pichardo, 298 A.D.2d 101, 748 N.Y.S.2d 545 ( NY Appellate Div., 1st Dept., 10-1-2002) (Reversing trial court's vacating of Pichardo's 1994 drug conviction)"

Information Location 2:

"https://scholar.google.com/scholar_case?case=4210085942594076173&q=Juan+Carlos+Pichardo&hl=en&as_sdt=4,33"

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