QUESTION
What next after an innocent man is convicted of a murder her didn't commit?
Asked on May 18th, 2013 on Civil Rights - New York
More details to this question:
My brother was placed in jail after a witness came forward and placed him at a crime scene. My brother co defendant admitted to the murder but kept telling his lawyer my brother was not there and he doesn't know him. The witness came to trial and lied told 5 different stories and my brother was found guilty just off this liar saying he seen my brother and the co defendant and that my brother had on a hoodie he seen the side of his face..what next there is an innocent man In jail all because this liar didn't want to do jail time for fighting a cop. Where is the justice? What can we do from here?
1 ANSWER
1 Award
Firstly, your brother must appeal his conviction. This appeal would go to the Appellate Division and is based on what is in the record, such as witnesses testimony and legal arguments presented before the trial court. If your brother is successful on appeal, he may get a new trial, dismissal of the charges or a reduced sentence. Another option is by a CPL 440 motion which is a motion made to the trial judge. There are certain limited grounds for the application. Usually CPL 440 motion relates to information outside the record, namely, not presented at a hearing or trial.
Answered on May 20th, 2013 at 9:15 AM