Wrongly Convicted Database Record

 

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Jeffrey Rodney

 

Charge:

Drug Related (Possession or sale)

Sentence:

3 months (Time served)

Years Imprisoned:

0.25

Year Crime:

2015

Year Convicted:

2016

Year Cleared:

2019

U.S. State or Country of Crime:

New York

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"Jeffrey Rodney was wrongly convicted on January 15, 2016 of criminal possession of marihuana in the fifth degree in Kings County, New York. Rodney's prosecution was based on that "the police officer had observed defendant in possession of a quantity of marihuana that was burning and visible to passersby..." Rodney's conviction was based on his guilty plea and he was sentenced to time served (approximately three months). Rodney appealed based on insufficiency of the accusatory instrument to allege facts supporting the essential element that the marihuana he allegedly possessed must be publicly visible in a public place. On March 29, 2019 the New York State Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts reversed Rodney's conviction on the basis the accustory instrument was insufficient because it didn't state "with the required specificity, the public nature of defendant's location." The Court's unpublished opinion stated ordered dismissal of the charges because: "The facial insufficiency of an accusatory instrument constitutes a jurisdictional defect which is not forfeited by a defendant's guilty plea." [People v Rodney (Jeffrey), 2019 NY Slip Op 50486(U) (NY Supreme Ct., Appellate Term, Second Dept, 3-29-2019)]"

Conviction Caused By:

Innocence Proved By:

"On March 29, 2019 the New York State Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts reversed Rodney's conviction on the basis the accustory instrument was insufficient because it didn't state "with the required specificity, the public nature of defendant's location." The Court's unpublished opinion stated ordered dismissal of the charges because: "The facial insufficiency of an accusatory instrument constitutes a jurisdictional defect which is not forfeited by a defendant's guilty plea." [People v Rodney (Jeffrey), 2019 NY Slip Op 50486(U) (NY Supreme Ct., Appellate Term, Second Dept, 3-29-2019)]"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People v Rodney (Jeffrey), 2019 NY Slip Op 50486(U) (NY Supreme Ct., Appellate Term, Second Dept, 3-29-2019) (Conviction reversed due to insufficiency of the accusatory instrument.)"

Information Location 1:

https://law.justia.com/cases/new-york/appellate-term-second-department/2019/2019-ny-slip-op-50486-u.html

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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