Legal Opinion

People v. Wheeler-Whichard

New York Supreme Court

Decided July 30, 2009PublishedCited by 6 opinions

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. People v. BaldiNew York Court of Appeals · 1981
  4. Berger v. United StatesSupreme Court of the United States · 1935
  5. People v. BeneventoNew York Court of Appeals · 1998

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3Cited by6 opinions

  1. People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2014
  2. Friedman v. RehalCourt of Appeals for the Second Circuit · 2010
  3. Gould v. Commissioner of CorrectionSupreme Court of Connecticut · 2011
  4. Friedman v. RehalCourt of Appeals for the Second Circuit · 2010
  5. Gould v. Commissioner of CorrectionSupreme Court of Connecticut · 2011

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