Wrongly Convicted Database Record

 

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James Vetri

 

Charge:

Labor Law

Sentence:

Years Imprisoned:

Year Crime:

1954

Year Convicted:

1954

Year Cleared:

1955

U.S. State or Country of Crime:

New York

County or Region of Crime:

New York

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"James Vetri was wrongly convicted in 1954 of failing to pay wages on March 31, 1954 that were due six employees of his discontinued business under a union contract he signed in 1952. Vetri's defense was that he "made all payments required under the agreement save for the accrued vacations of six of his employees ranging from four to fourteen days," and he contended that vacation time wasn't "wages" under the contract. The trial judge disagreed, finding Vetri guilty on the basis "that since vacation pay represented part of the employee's compensation for services rendered, it fell within the purview of the statutes under consideration." Vetri appealed, and his conviction was affirmed by the New York State Supreme Court's Appellate Division, Second Department. The New York Court of Appeals granted review of Vetri's case. On December 28, 1955 the appeals court reversed Vetri's conviction on the basis accrued vacation time was not "wages" and therefore he committed no crime. The Court's ruling stated: "If the term "wages" as used in the Labor Law is to be construed according to its fair import, "vacation pay" cannot be embraced in that term by implication. The courts may not by forced construction create a crime. ... Accordingly, the judgment appealed from should be reversed and the information dismissed.""

Conviction Caused By:

Innocence Proved By:

"On December 28, 1955 the appeals court reversed Vetri's conviction on the basis accrued vacation time was not "wages" and therefore he committed no crime. The Court's ruling stated: "If the term "wages" as used in the Labor Law is to be construed according to its fair import, "vacation pay" cannot be embraced in that term by implication. The courts may not by forced construction create a crime. ... Accordingly, the judgment appealed from should be reversed and the information dismissed.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People v. Vetri, 309 NY 401 (NY Court of Appeals 1955) (Reversing conviction)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=7784666517544035770&q=2015+insufficient+evidence&hl=en&as_sdt=4,33"

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

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