Wrongly Convicted Database Record

 

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Jose Santos

 

Charge:

Harassment criminal (incl. Aggravated)

Sentence:

Years Imprisoned:

Year Crime:

1971

Year Convicted:

1972

Year Cleared:

1975

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:

"Jose Santos was wrongly convicted of aggravated harassment (Penal Law, § 240.30) in Kings County, New York. Santos conviction was affirmed on appeal. His petition was granted for leave to appeal to The Court of Appeals of the State of New York. On December 4, 1975 the appeals court reversed Jose Santos' conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt. The Court's ruling stated: "When the proof is so thin that it will not support a feather-weight, although dressed in "prima facie" semblance, the facts to be proved are impossible because they are impossible of belief. This is such a case. Accordingly, the order of the Appellate Term should be reversed and the complaint dismissed.""

Conviction Caused By:

Innocence Proved By:

"On December 4, 1975 the appeals court reversed Jose Santos' conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt. The Court's ruling stated: "When the proof is so thin that it will not support a feather-weight, although dressed in "prima facie" semblance, the facts to be proved are impossible because they are impossible of belief. This is such a case. Accordingly, the order of the Appellate Term should be reversed and the complaint dismissed.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"People v. Santos, 38 N.Y.2d 173 (1975) (Reversed Jose Santos' conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt. The Court's ruling stated: "When the proof is so thin that it will not support a feather-weight, although dressed in "prima facie" semblance, the facts to be proved are impossible because they are impossible of belief. This is such a case. Accordingly, the order of the Appellate Term should be reversed and the complaint dismissed.")"

Information Location 1:

https://www.leagle.com/decision/197521138ny2d1731190

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

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