Wrongly Convicted Database Record

 

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Ray E. Shain

 

Charge:

Vehicle Offenses

Sentence:

Fine

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2014

Year Cleared:

2018

U.S. State or Country of Crime:

New York

County or Region of Crime:

Nassau

City of Crime:

Mineola

Result:

Judicially Exonerated

Summary of Case:

"Ray E. Shain was wrongly convicted on November 13, 2014 of the misdemeanor of parking a motor vehicle on a public highway with an expired certificate of inspection in Nassau County, New York. Shain's prosecution was based that "On March 4, 2014, at 10:47 a.m., an unsigned appearance ticket was issued pertaining to a 2004 red two-door Chrysler with New York State license plate number BXX5067, located at "COUNTY LOT 14" in Mineola." Ray Shain was convicted after a bench trial and fined. Shain appealed his conviction pro se. On August 30, 2018 the New York Supreme Court Appellate Term, Second Department reversed Shain's conviction on the basis that as a matter of law the appearance ticket issued to him is not an accusatory instrument and its filing does not confer upon the court jurisdiction over the matter. The Court's ruling stated: "Here, there is no indication in the record before us that a proper accusatory instrument was ever filed with the court (see CPL 150.50). Accordingly, the judgment of conviction is reversed and the appearance ticket is dismissed." All quotes from: People v Shain (Ray), 2018 NY Slip Op 51269(U) (NY Sup. Ct. App. Term, 2nd Dept, 8-30-2018)."

Conviction Caused By:

Innocence Proved By:

"On August 30, 2018 the New York Supreme Court Appellate Term, Second Department reversed Shain's conviction on the basis that as a matter of law the appearance ticket issued to him is not an accusatory instrument and its filing does not confer upon the court jurisdiction over the matter. The Court's ruling stated: "Here, there is no indication in the record before us that a proper accusatory instrument was ever filed with the court (see CPL 150.50). Accordingly, the judgment of conviction is reversed and the appearance ticket is dismissed.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"People v Shain (Ray), 2018 NY Slip Op 51269(U) (NY Sup. Ct. App. Term, 2nd Dept, 8-30-2018) (Reversing conviction and ordering dismissal of charge.)"

Information Location 1:

http://www.nycourts.gov/reporter/3dseries/2018/2018_51269.htm

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

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