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Wrongly Convicted Database Record
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Charge: |
Misdemeanor Child Endangerment |
Sentence: |
$100 fine |
Years Imprisoned: |
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Year Crime: |
2002 |
Year Convicted: |
2002 |
Year Cleared: |
2019 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Columbia |
City of Crime: |
Hudson |
Result: |
Judicially Exonerated |
Summary of Case: |
"Antonio Feliz Rodriguez pled guilty on September 17, 2002 to the Class A Misdemeanor endangering the welfare of a child in Columbia County, New York. Rodriguez' prosecution was based on him possessing "a small plastic bag of marijuana" and "smoking a marijuana joint while holding a 5-month-old baby in his lap and a 3-year-old sitting next to him." On September 20, 2017 the U.S. Dept. of Homeland Security commended proceedings to deport Rodriguez based on his 2002 conviction. On April 13, 2019 Rodriguez filed a motion to vacate his plea under NYCPL Sec. 440.10(1)(h), on the basis "the judgment was obtained in violation of a right of the defendant under the constitution of this state or of the United States." Rodriguez claimed his attorney's representation was deficient because he didn't tell him he could be deported based on his conviction of the crime. Rodriguez did not deny committing the crime -- since his motion was based on the consequences to him of admitting the factual basis for the charges and pleading guilty. After briefing and oral arguments by Rodriguez' lawyers and the Columbia County District Attorney, City Court of Hudson Judge Brian J. Herman issued his ruling on November 7, 2019. Judge Herman ruled against Rodriguez' claim his trial attorney provided ineffective assistance of counsel on the basis he failed to present sufficient evidence to support that his lawyer's performance at the time of the plea was constitutionally deficient. However, he granted Rodriguez' motion to withdraw his guilty plea on the basis that even though Federal courts have held immigration removal is not considered a punishment for constitutional purposes, the combined elements of the severity of deportation as a result of a 15-year old guilty plea to a misdemeanor and the 15-year delay in imposing deportation created a de facto punishment that was cruel and unusual to the degree that it was unconstitutional under Article 1, Section 5 of the NYS Constitution. There was no legal precedent for Judge Herman's action, it was fundamentally based on his feeling of compassion for Rodriguez." |
Conviction Caused By: |
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Innocence Proved By: |
"Judge Brian J. Herman issued his ruling on November 7, 2019. Judge Herman ruled against Rodriguez' claim his trial attorney provided ineffective assistance of counsel on the basis he failed to present sufficient evidence to support that his lawyer's performance at the time of the plea was constitutionally deficient. However, he granted Rodriguez' motion to withdraw his guilty plea on the basis that even though Federal courts have held immigration removal is not considered a punishment for constitutional purposes, the combined elements of the severity of deportation as a result of a 15-year old guilty plea to a misdemeanor and the 15-year delay in imposing deportation created a de facto punishment that was cruel and unusual to the degree that it was unconstitutional under Article 1, Section 5 of the NYS Constitution. There was no legal precedent for Judge Herman's action, it was fundamentally based on his feeling of compassion for Rodriguez." |
Defendant Aided By: |
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Compensation Awarded: |
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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: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"People v. Rodriguez, 2019 NY Slip Op 29335 (Case No. 02-9533) (City Court of Hudson, Columbia County, NY, 11-7-2019) (Conviction vacated because deporting Rodriguez based on 15 year old misdemeanor was defacto unconstitutional cruel and unusual punishment under Art. 1, Sec. 5 of the NYS Constitution.)" |
Information Location 1: |
https://www.law.com/newyorklawjournal/almID/1573843981NY029533/?download=D7ID111919sumherman.pdf |
Information Source 2: |
"People v. Rodriguez: Guilty Plea to 2002 Misdemeanor Vacated; Punishment of Deportation Found Cruel, Unusual, By Staff, New York Law Journal, November 19, 2019" |
Information Location 2: |
https://www.law.com/newyorklawjournal/almID/1573843981NY029533/?kw=People%20v.%20Rodriguez&utm_source=email&utm_medium=enl&utm_campaign=caseupdate&utm_content=20191119&utm_term=nylj |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org