Exculpatory Evidence Withheld Case

Summary

The user, a New York resident, is dealing with a post-conviction case where the District Attorneys office failed to disclose exculpatory evidence. The evidence in question is a recording that contradicts the prosecutors claim that the user made a confession. The users appeal was denied, and the current District Attorney confirmed that he reviewed the recording and acknowledged that the user did not confess. The user is considering filing a complaint for prosecutorial misconduct. The user also mentioned a potential conflict of interest as the current District Attorney was his attorney by proxy at the time of the prosecution. The user is seeking an attorney specializing in NY Cpl §440.10 litigation but is struggling due to financial constraints. The user has also filed habeas corpus motions, which were summarily denied.

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District Attorney's office failure to disclose exculpatory evidence
What state are you in, ****? This will help me provide the most accurate information.
New York
What stage is your case currently at? This will help me provide the most accurate information.
Post conviction
What specific exculpatory evidence was not disclosed by the District Attorney's office?
Recording that shows that (contrary to the prosecutor's statement)that I made a confession
What is the nature of the confession in the recording?
In New York, withholding exculpatory evidence can lead to a reversal of the conviction.
There was no confession. The prosecution false evidence. The detective lied about my alleged confession
Did you have a lawyer during your trial? In New York, presenting false evidence can lead to a reversal of the conviction.
I did, he is currently deceased
Did your lawyer have any knowledge of this recording during the trial?
No
Have you filed an appeal based on the new evidence?
In New York, you can file an appeal based on new evidence or prosecutorial misconduct.
The current District Attorney has confirmed that he reviewed the recording and acknowledged that he knows that I didn't confess
What actions has the current District Attorney taken after reviewing the recording?
In New York, if a prosecutor knowingly withholds exculpatory evidence, it can lead to:
- Reversal of conviction
- Prosecutorial misconduct charges
My appeal was denied and this information was only confirmed when the current District Attorney admitted that he knows that I did not make a confession
Have you considered filing a complaint for prosecutorial misconduct based on the withholding of exculpatory evidence? In New York, this can be done through the Grievance Committee.
There is another issue with the Case
What is the other issue with the case?
The current District Attorney for Cortland County was my attorney by proxy at the time of the prosecution by reason of him being the head of the Public defenders office
What actions have you taken regarding the potential conflict of interest with the current District Attorney previously being your attorney by proxy?
He has told me to get an attorney
What type of attorney are you looking to hire? It's important to find one who specializes in post-conviction appeals and prosecutorial misconduct cases.
One that specializes in NY Cpl §*.* litigation
Have you started searching for an attorney specializing in NY Cpl §*.* litigation?
- NY Cpl §*.* allows a defendant to challenge their conviction after sentencing based on new evidence or issues not raised at trial.
- Conflict of interest can be a ground for appeal.
To no avail. I don't have the money to pay for one, as I am currently disabled and on SSI
Have you considered seeking help from legal aid organizations or pro bono attorneys? They often assist individuals who cannot afford legal representation.
I have looked to no avail other than given outrageous prices
Have you tried reaching out to the New York State Bar Association's Pro Bono Appeals Program? They might be able to assist you.
Not sure how to get in contact with them
You can contact the New York State Bar Association's Pro Bono Appeals Program through the following details:

New York State Bar Association's Pro Bono Appeals Program


Phone: (*) *-*
Address: One Elk Street, Albany, NY *
Website: www.nysba.org

Is there anything else I can assist you with?
How do I file a grievance about the current District Attorney?
To file a grievance against a District Attorney in New York, you can contact the Departmental Disciplinary Committee for the Appellate Division of the Supreme Court.

Departmental Disciplinary Committee


Phone: (*) *-*
Address: * Broadway, New York, NY *
Website: www.nycourts.gov/courts/ad1/committees&programs/DDC/index.shtml
Thank you. This case is in Cortland County, does that mean anything
Yes, the location of your case can affect which court hears your appeal. In Cortland County, it would be the Cortland County Supreme Court.

Cortland County Supreme Court


Phone:(*) *-*
Address: * Greenbush St #*, Cortland, NY *
Website: www.nycourts.gov/courts/6jd/cortland/supreme/
The Appellate Division, Third Department heard my direct appeal
What was the outcome of your appeal at the Appellate Division, Third Department?
Denied
What is the reason given by the Appellate Division, Third Department for denying your appeal?
https://law.justia.com/cases/new-york/appellate-division-third-department/*/*-*.html
What specific reasons did the Appellate Division, Third Department provide for denying your appeal in their decision?
Too confusing for me
Could you please clarify which part of the decision from the Appellate Division, Third Department you find confusing?
the close of proof and summations in defendant's trial, County Court issued its charge to the jury. The court charged attempted robbery in the first and second degrees under counts one and two, alleging robbery while displaying what appears to be a weapon (see Penal Law §§ *.*, *.* [*] [b]; § *.* [*]), and the lesser included offense of attempted robbery in the third degree. Under count three, the court charged attempted robbery in the second degree, alleging physical injury during a robbery (see Penal Law §§ *.*, *.* [*] [a]), and repeated the same lesser included offense. The court separately charged attempted petit larceny (see Penal Law §§ *.*, *.*) and another crime. The jury announced its verdict that defendant was not guilty under counts one and two, guilty of attempted robbery in the second degree under count three, guilty of attempted petit larceny under count four and not guilty under count five. Defendant appeals. Defendant contends that the jury's verdict on counts one and two acquitting him of attempted robbery in the third degree was inconsistent with its verdict finding him guilty of attempted robbery in the second degree under count three. In order to preserve claims that a jury verdict is inconsistent or repugnant, such claims must be made before the jury is discharged, at a [**]time when the court can resubmit the matter to the jury to obtain a consistent verdict (see People v Alfaro, * NY2d *, * [*]; People v Clark, * AD2d *, * [*], lv denied * NY2d * [*]; see also CPL *.* [*]). Based on defendant's failure to timely raise this issue, he failed to preserve for our review the inconsistency in the jury's verdict.
What specific part of the court's decision do you find confusing?
Specifically, my explicit understanding of the law is that ANY Attempted robbery in either the first or second degree can only be considered fair if the lesser included offense is found to have a guilty verdict,
What makes you believe that a guilty verdict for a lesser included offense is necessary for a fair verdict on attempted robbery in the first or second degree?
Because the alleged attempt to forcibly steal property is the base crime. Ergo, one cannot be found guilty on the greater charge without being found to have made an attempt to forcibly steal property
What was the court's reasoning for finding you guilty of the greater charge without a guilty verdict on the lesser included offense?
The county court actually denied a CPL §* & *.* motion filed by my trial attorney saying that he was ineffective by not immediately objecting to the obviously inconsistent verdict
What was the specific reason given by the county court for denying your CPL §* & *.* motion?
That the jury didn't find me not guilty of the lesser included offense of attempted Robbery in the third Degree, obviously contrary to the appellate court decision
What was the reasoning of the appellate court in their decision regarding the lesser included offense of attempted Robbery in the third Degree?
The reasoning was the plain truth
What was the plain truth that the appellate court used in their reasoning?
They didn't
What was the next step you took after the appellate court's decision?
Filed habeas corpus motions while I was serving the sentence
What was the outcome of your habeas corpus motions?
Summarily denied
What was the reason given for the denial of your habeas corpus motions?
Lack of jurisdiction because of the not guilty of the lesser included offense; that once the jury rendered the not guilty verdict for the lesser included offense that there was no jurisdiction for any of the charged felonies under the indictment related to the lesser included offense
What was the court's response to your argument about the lack of jurisdiction due to the not guilty verdict for the lesser included offense?
Summilarly denied
What was the specific reason given by the court for denying your argument about the lack of jurisdiction?
None
What steps have you taken since your habeas corpus motions were denied?
Attempted suicide a few times, unfortunately unsuccessfully
I'm really sorry that you're feeling this way, but I'm unable to provide the help that you need. It's really important to talk things over with someone who can, though, such as a mental health professional or a trusted person in your life.