People v. Wheeler-Whichard
New York Supreme Court
1Opinion of the Court
*691OPINION OF THE COURT
Joseph Kevin McKay, J.
Introduction
“It is abhorrent to our sense of justice and fair play to countenance the possibility that someone innocent of a crime may be incarcerated or otherwise punished for a crime which he or she did not commit.”1 With this principle in mind, I find that defendant’s 1997 statement to the sentencing court,2 although simple in tone, now speaks volumes: “I feel sorry for Mr. Joseph [deceased’s] family but I didn’t do it, that’s all I have to say.” (Sentence transcript, May 7, 1997, at 9.) Those words sounded hollow to the sentencing court in 1997,…
2Cases cited21 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. BaldiNew York Court of Appeals · 1981
- Berger v. United StatesSupreme Court of the United States · 1935
- People v. BeneventoNew York Court of Appeals · 1998
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3Cited by6 opinions
- People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2014
- Friedman v. RehalCourt of Appeals for the Second Circuit · 2010
- Gould v. Commissioner of CorrectionSupreme Court of Connecticut · 2011
- Friedman v. RehalCourt of Appeals for the Second Circuit · 2010
- Gould v. Commissioner of CorrectionSupreme Court of Connecticut · 2011
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