Wrongly Convicted Database Record

 

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Andrew Smalls

 

Charge:

Firearm possession (including sale)

Sentence:

Years Imprisoned:

Year Crime:

2008

Year Convicted:

2009

Year Cleared:

2011

U.S. State or Country of Crime:

New York

County or Region of Crime:

Queens

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"Andrew Smalls was wrongly convicted in 2009 of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree in Queens County, New York. On April 26, 2011 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Small's convictions and ordered dismissal of his indictment based on insufficient evidence of his guilt. The Court ruled the trial judge erred in not suppressing the evidence recovered from the officers pursuing Small because there was no reasonable suspicion to suspect he had involvment in the firing of shots at an apartment building, and without the fruits of the poisonous tree there was no evidence he had committed a crime."

Conviction Caused By:

Innocence Proved By:

"On April 26, 2011 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Small's convictions and ordered dismissal of his indictment based on insufficient evidence of his guilt. The Court ruled the trial judge erred in not suppressing the evidence recovered from the officers pursuing Small because there was no reasonable suspicion to suspect he had involvment in the firing of shots at an apartment building, and without the fruits of the poisonous tree there was no evidence he had committed a crime."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"The People of the State of New York v. Andrew Smalls, 83 A.D.3d 1103, 922 N.Y.S.2d 461 (NY Sup. Ct. Appellate Div., 2nd Jud. Dept., 4-26-2011) (Reversing conviction and ordering dismissal of indictment based on insufficient evidence.)"

Information Location 1:

http://www.leagle.com/decision/In%20NYCO%2020110502314/PEOPLE%20v.%20SMALLS

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