Odilio Rivera

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Charge:	Drug Related (Possession or sale)
Sentence:
Years Imprisoned:
Year Crime:	1975
Year Convicted:
Year Cleared:	1977
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:	"Odilio Rivera (aka J. D. Odi) was wrongly convicted in 1976 of drug charges in the Bronx, New York. The prosecution's case was based on its allegation that a conversation in 1975 between Rivera and a confidential informant inferred Rivera sold narcotics to the informant. Rivera was convicted after a bench trial (judge only), and he appealed. On November 22, 1977 the New York Supreme Court Appellate Division overturned Rivera's conviction and ordered dismissal of his indictment based on the prosecution's failure to introduce sufficient evidence to prove his guilt beyond a reasonable doubt. The Court stated: "We require positive proof of the facts from which the inference of guilt may be drawn, and that the inference of guilt is the only one which can reasonably be drawn. (People v Harris, 136 N.Y. 423.) The trial court had no difficulty placing the defendant in the company of the informant, but we are confounded as to how the necessary elements of (a) a knowing and unlawful (b) sale of a (c) preparation, compound or mixture of aggregate weight of two or more ounces containing a narcotics drug, could have been established beyond a reasonable doubt. The People have not borne the burden of proving beyond a reasonable doubt all the elements necessary for conviction under section 220.43 of the Penal Law, and the conviction is reversed and indictment dismissed." (People v. Rivera, 59 AD 2d 874, 876 (NY Appellate Div., 1st Dept., 11-22-1977))"
Conviction Caused By:
Innocence Proved By:	"On November 22, 1977 the New York Supreme Court Appellate Division overturned Rivera's conviction and ordered dismissal of his indictment based on the prosecution's failure to introduce sufficient evidence to prove his guilt beyond a reasonable doubt."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"People v. Rivera, 59 AD 2d 874, 399 NYS 2d 662 (NY Appellate Div., 1st Dept., 11-22-1977)"
Information Location 1:	"http://scholar.google.com/scholar_case?case=6484635239523038148&q=59+AD+2d+874&hl=en&as_sdt=6,48"
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Odilio Rivera

Charge:

Drug Related (Possession or sale)

Sentence:

Years Imprisoned:

Year Crime:

1975

Year Convicted:

Year Cleared:

1977

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:

"On November 22, 1977 the New York Supreme Court Appellate Division overturned Rivera's conviction and ordered dismissal of his indictment based on the prosecution's failure to introduce sufficient evidence to prove his guilt beyond a reasonable doubt."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People v. Rivera, 59 AD 2d 874, 399 NYS 2d 662 (NY Appellate Div., 1st Dept., 11-22-1977)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=6484635239523038148&q=59+AD+2d+874&hl=en&as_sdt=6,48"

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

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