Wrongly Convicted Database Record

 

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Kevin W.

 

Charge:

Firearm possession (including sale)

Sentence:

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2011

Year Cleared:

2012

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:

"Kevin W. was a juvenile when he was wrongly convicted in 2011 of criminal possession of a weapon in the second degree and resisting arrest in Queens County, New York. The trial judge denied Kevin W.'s pretrial motion to suppress the weapon on the basis the police officers did not have reasonable suspicion to stop and search him. After his conviction by a jury Kevin W. appealed. On January 10, 2012 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Kevin W.'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 of what was an illegal search because there was no reasonable suspicion to stop and search Kevin W., and without the fruits of the poisonous tree there was no evidence he had committed a crime. The Court also ruled that Kevin W.'s resisting arrest conviction must be vacated because it was based on the illegal stop and frisk of him."

Conviction Caused By:

Innocence Proved By:

"On January 10, 2012 the New York State Supreme Court, Appellate Division, 2nd Judicial Division reversed Kevin W.'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 of what was an illegal search because there was no reasonable suspicion to stop and search Kevin W., 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. Kevin W., 91 A.D.3d 676 (2012) 935 N.Y.S.2d 66092 (NY Sup. Ct. Appellate Div., 2nd Jud. Dept., 1-10-2012) (Reversing conviction and ordering dismissal of indictment based on insufficient evidence.)"

Information Location 1:

http://www.leagle.com/decision/In%20NYCO%2020120112422/PEOPLE%20v.%20KEVIN%20W.

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

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