Wrongly Convicted Database Record
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Charge: |
Robbery (includes armed robbery) |
Sentence: |
7-1/2 yrs |
Years Imprisoned: |
6 |
Year Crime: |
1992 |
Year Convicted: |
1995 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Queens |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Abdullah Wilson A/K/A George Wilson was wrongly convicted in September 1995 of second-degree robbery in the gunpoint robbery by two men of the owner of a man at his scrap metal business in Queens County, New York on December 22, 1992. The day after the robbery the victim picked Wilson's photo out of a mug book as possibly one of the robbers. Wilson wasn't arrested or pursued as a suspect. Almost two years later Wilson was arrested on October 27, 1994 for an unrelated offense. The next day the victim of robbery picked Wilson out of a lineup as one of the robbers. Wilson was charged with first and second-degree robbery. Wilson was assigned a public defender. Wilson's prosecution was based on his identification in the line-up, but the judge barred testimony about the victim's tentatively identifying Wilson from the mugshot book almost two years earlier. Wilson's trial strategy was mistaken identification. During Wilson's jury trial the judge placed on the record that he was concerned about the performance of Wilson's attorney, and that he may not be receiving effective assistance of counsel because he opened the door for the prosecution to question the victim about his photo identification in 1992 -- after the judge warned him " "[i]f you ask those questions on cross-examination, I think you will have opened up the door[.]" [Wilson v. Mazzuca, 570 F. 3d 490 (2nd Cir 2009)] After his conviction by a jury, Wilson was sentenced on November 15, 1995 to 7-1/2 years in prison. Wilson's direct appeal was denied in 2000, and his post-conviction petition based on ineffective assistance of his trial counsel was also denied by New York state courts. Wilson filed a federal habeas corpus petition on April 9, 2001 that asserted ineffective assistance of counsel. After more than eight years of legal manuevering, on June 24, 2009 the U.S. Second Circuit Court of Appeals reversed the denial of Wilson's petition by the U.S. District Court judge, and ruled that he had been provided with constitutionally ineffective assistance of counsel. Wilson had long since been released from prison and he was released from parole in 2008. The Queens County District Attorney declined to retry Wilson, and on October 19, 2009 filed a motion to dismiss Wilson's indictment in the interest of justice, which was granted. Wilson filed a claim under New York State's Claims Act §?8-b. -- Claims for unjust conviction and imprisonment. The State opposed his claim on the basis the dismissal of his indictment based on constitutionally ineffective assistance of counsel didn't meet the requirement of the act. The Court of Claims agreed with the State, and on March 19, 2013 Wilson's compensation claim was denied." |
Conviction Caused By: |
Ineffective assistance of counsel. |
Innocence Proved By: |
"On June 24, 2009 the U.S. Second Circuit Court of Appeals reversed the denial of Wilson's petition by the U.S. District Court judge, and ruled that he had been provided with constitutionally ineffective assistance of counsel. Wilson had long since been released from prison and he was released from parole in 2008. The Queens County District Attorney declined to retry Wilson, and on October 19, 2009 filed a motion to dismiss Wilson's indictment in the interest of justice, which was granted." |
Defendant Aided By: |
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Compensation Awarded: |
Denied |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"Wilson v. Mazzuca, 570 F. 3d 490 (2nd Cir 2009) (Granting federal habeas corpus petition based on ineffective assistance of trial counsel.)" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=10671894607033213754&q=Wilson+v+Mazzuca,+570+F3d+490+[2d+Cir+2009]&hl=en&as_sdt=6,48" |
Information Source 2: |
" Wilson v State of New York, 2013 NY Slip Op 50738(U) (NY Ct. of Appeals, March 19, 2013)" |
Information Location 2: |
http://law.justia.com/cases/new-york/other-courts/2013/2013-ny-slip-op-50738-u.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org