Wrongly Convicted Database Record

 

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Irving Weingarten

 

Charge:

Obsenity Related Charge

Sentence:

Years Imprisoned:

Year Crime:

1966

Year Convicted:

1966

Year Cleared:

1969

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:

"Irving Weingarten was wrongly convicted on June 13, 1966 of selling the book "Flesh Worshipers" to an undercover New York City police officer on March 13, 1966. The book was on a rack in the bookstore at 251 West 42nd Street, where Weingarten worked. Weingarten was found guilty after a bench (judge only) trial. Weingarten appealed. His conviction was affirmed on November 22, 1967 by the appellate division of the New York Supreme Court. Weingarten appealed that decision. On October 30, 1969 the New York Court of Appeals vacated Weingarten's conviction on the basis the trial judge acquitted Weingarten of obscenity under the test of "hard-core pornography" that was the applicable standard for his charge, and found him guilty under a lesser standard that was inapplicable. The Court ordered reversal of Weingarten's conviction and dismissal of the informations charging him."

Conviction Caused By:

Innocence Proved By:

"On October 30, 1969 the New York Court of Appeals vacated Weingarten's conviction on the basis the trial judge acquitted Weingarten of obscenity under the test of "hard-core pornography" that was the applicable standard for his charge, and found him guilty under a lesser standard that was inapplicable. The Court ordered reversal of Weingarten's conviction and dismissal of the informations charging him."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People v. Weingarten, 25 NY 2d 639 (NY Ct of Appeals 1969) (Vacating conviction and ordering dismissal of information)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=12786320901745658491&q=conviction+vacated+insufficient+evidence&hl=en&as_sdt=4,33"

Information Source 2:

"People v. Weingarten (50 Misc 2d 635, 640, affd. 55 Misc 2d 681; revd. on other grounds 25 N Y 2d 639) (Find Weingarten guilty.)"

Information Location 2:

"http://scholar.google.com/scholar_case?case=6084129893595132553&q=conviction+vacated+insufficient+evidence&hl=en&as_sdt=4,33"

Information Source 3:

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Book About Case:

Book Information:

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Book Information (2):

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Comments About Case:

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

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