Representative Cases

 

 

Victory v. Pataki, 609 Fed. Appx. 680 (2d Cir. 2015) (Reversal of lower court dismissal of civil rights action alleging conspiracy by parole officials in revoking Victory’s 1991 grant of parole).

 

People v. Wagstaffe, 2014 NY Slip Op 06217 (2d Dep't 2014) (Reversal of 1993 kidnapping conviction in a homicide case and dismissal of indictment, after Wagstaffe spent over 23 years unlawfully imprisoned, because evidence of fraud in police obtaining witness identification of defendant was not timely disclosed).

 

Wise, Richardson, McCray, Salaam & Santana v. City of New York, (2014) ($41 million settlement of civil rights action brought by wrongfully convicted Central Park Five).

 

People v. Wise, Richardson, McCray, Salaam & Santana, 194 Misc.2d 481 (N.Y. Co. 2002) (Newly discovered evidence results in dismissal of criminal charges against Yusef Salaam and other defendants in Central Park Five case ten years after conviction).

 

Busch v. City of New York, et al., 224 F.R.D. 81 (E.D.N.Y. 2004) (Section 1983 action against police officers alleging excessive force in deadly shooting; new trial for plaintiff estate to prevent manifest injustice when jury verdict against weight of evidence).

 

People v. Gurley, 197 A.D.2d 534, 602 N.Y.S.2d 184 (2nd Dept. 1993) (Previously undisclosed and newly discovered police ballistics report warrants vacating murder conviction after over 22 years in prison).

 

Skibo v City of New York/Taylor v. City of New York, 109 F.R.D. 58 (E.D.N.Y. 1985) (Granting extensive discovery in two police misconduct civil rights actions - IAD procedure manual, internal evaluations of IAD effectiveness and 150 civilian complaint reports in each of two precincts over five years; rejecting self critical analysis and executive privilege claims).

 

U.S. v. Freeman, 498 F.2d 569 (2d Cir. 1974) (Reversing conviction after non-jury trial and holding that guilt for conspiracy to import cocaine and for counts of importation, possession and distribution with intent to sell could not be based on efforts to conceal several conspirators after conspiracy had miscarried).

 

State v. Carter, 69 N.J. 420, 354 A.2d 627 (1976) (Reversing 1967 triple murder convictions on Brady grounds due to suppression of evidence impeaching eyewitness testimony and prosecution's knowing use of false testimony); State v. Carter, 91 N.J. 86, 139, 449 A.2d 1280, 1309 (1981) (Four to three decision upholding 1977 second trial convictions); Carter v. Rafferty, 621 F. Supp. 5332 (D.C.N.J. 1985) (Sarokin, J.: Granting habeas corpus writ and vacating 1977 conviction due to prosecution withholding material evidence and misrepresenting result of polygraph testimony of the only testifying eyewitness and contention of racial motivation for shooting death of Caucasian males by African Americans based on defendants' race without evidence of racial animosity), aff'd. 826 F.2d 1288 (3rd Cir. 1987) (Due process Brady grounds sufficient, without considering racial motivation prejudice issues).

 

King v. New York State Division of Parole, 190 A.D.2d 423, 598 N.Y.S.2d 245 (1st Dept. 1993) (Denial of parole improper where solely based on felony murder shooting victim being off-duty police officer and where parole commissioner considered factors outside those statutorily authorized - including penal philosophy, historical treatment of individuals convicted of murder, death penalty, life imprisonment without parole, and consequences to society - in an attempt to determine appropriate penalty for murder; board should fairly consider all relevant statutory factors and not re-sentence according to personal opinions).

 

U.S. ex rel. Whitmore v. Malcolm, 476 F.2d 363 (2d Cir. 1973) (Two to one decision affirming denial of habeas corpus writ; dissent based on trial court failure to grant hearing to consider newly discovered eyewitness evidence); (Rehearing en banc granted March 1, 1973 - parties to file briefs addressed to progress of Kings County District Attorney investigation); (Order April 23, 1973 vacating order denying petition for habeas corpus and dismissing appeal as moot); Whitmore v. City of New York, 80 A.D.2d 638, 436 N.Y.S. 2d 323 (2d Dept. 1981) (Upholding cause of action against police officers for misconduct and malicious prosecution and ruling that 1973 dismissal of the charges on District Attorney's motion was a favorable determination of criminal proceedings for purposes of civil action since it was based on discovery of "fresh evidence" which cast doubt upon sufficiency and trustworthiness of trial evidence).