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PEOPLE v. WHEELER-WHICHARD

5212-1996.

25 Misc.3d 690 (2009)

884 N.Y.S.2d 304

2009 NY Slip Op 29337

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JONATHAN WHEELER-WHICHARD, Defendant.

Supreme Court, Kings County.

Decided July 30, 2009.

Attorney(s) appearing for the Case

Lynn W.L. Fahey for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove, Shulamit Rosenblum Nemec and Howard Jackson of counsel), for plaintiff.

OPINION 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,

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