PEOPLE v. WHEELER-WHICHARD

5212-1996

2009 NY Slip Op 29337

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

Supreme Court, Kings County.

Decided July 30, 2009.


Attorney(s) appearing for the Case

For the People: Hon. Charles J. Hynes, District Attorney, Kings County, Assistant District Attorneys Leonard Joblove, Esq., Shulamit Rosenblum Nemec, Esq., and Howard Jackson, Esq., of counsel

For the Defense: Lynn W.L. Fahey, Esq.


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 Court2, although simple in tone, now speaks volumes:

"I...

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