Legal Question in Appeals and Writs in New York

wrongful conviction

I was wrongfully convicted of a misdemeanor for a theft of a vehicle. I did not steal or have anything to do with this, but was accused of the theft of the 1995 toyota truck which was worth $ 1500 and paid to my boyfriend at the time. Approx one month later he started stalking me when I tried to end our relationship. This unfortunately for me became a game to him and he decided to take his stalking and other strange behavior to a whole different level. He decided to go to police and had me arrested for this crime. He and the Captain of the Niagara Falls Police Dept. had been aquaintances for yrs prior to this. The Captain had dated his sister, and had remained a family friend. He had me jammed up in court for this about 1 1/2 yrs or so. We do know who did steal the vehicle, and he never showed up after being subpeona to court. Bottom line I was so stressed and was living in another city that I basically took the charge to get this over with. I would like to know what I can do to over turn this charge and hold the detectives , Capt. and others involved in this wrongful conviction. I positively have proof, video and otherwise. Also, the DA's office would no longer allow det's into their office afterward due to this type of abuse.


Asked on 8/25/08, 11:02 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: wrongful conviction

You will have to find a lawyer to bring a Corum Nobis petition to overturn the plea. It is not going to be easy as you had this evidence at the time you plead guilty. OTOH actual innocence can be a reason to overturn a plea.

As for holding anyone liable, you are unlikely to succeed as it appears you have blown the statute of limitations.

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Answered on 8/26/08, 12:05 am


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