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My friend was wrongfully convicted of a sex crime in New…

Customer Question
Hi. My friend was...

Hi. My friend was wrongfully convicted of a sex crime in New York. What is his options to reopen the case?

Lawyer's Assistant: What was the conviction for exactly? Have all appeals been exhausted?

It was rape. They offered him a plea deal, but he did not take it. He was wondering if there is a statue of limitations on fighting for his innocence? He did not exhaust all appeals.

Lawyer's Assistant: Has he talked to a NY lawyer about this yet?

No not yet. I will tell him to speak with one. What kind of lawyer should we contact?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His name is*****

Submitted: 28 days ago.Category: Criminal Law
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Answered in 17 minutes by:
5/26/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 28 days ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,952
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Was he convicted after a trial? How long ago? Did he appeal his conviction? On what legal basis does he think he can reopen his case at this time?

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Customer reply replied 28 days ago
Thank you for responding! He was convicted in 2013. He was low on cash, so he was unable to appeal the decision. The trail was based on what the mother and daughter stated. There was no proof of a rape.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 28 days ago

There was enough proof for the jury to have convicted him beyond a reasonable doubt. I'm not saying he isn't innocent, but he failed to appeal it in timely fashion and there has to ba a lawful basis -- something other than "but I really didn't do it" to reopen the case at this time. Is there, for example, newly discovered evidence not available 5 years ago that would have caused an acquittal? That's the most common way that old cases can be reopened.

In NYS he can file what is known as a 440 motion to get his case reopened, but he needs one of the listed grounds to be able to do so. See 440.10

http://ypdcrime.com/cpl/article440.htm#c440.10

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