Legal Question in Criminal Law in New York
I have a rather unusual situation involving serious judicial misconduct with no provision for oversight or redress of grievances that I am aware of.
Nearly 25 years ago, when I was 19 years old, I was arrested in upstate NY for possessing an antique target revolver in my luggage at a motel room after an illegal search. Search was due to the secret testimony of an informant who had been setting up everyone he knew in order to avoid punishment . . . he had used a series of lies, including a job offer, to entice me to travel 200 miles for the sole purpose of being arrested. Charge was "3rd Degree Criminal Possession of a Weapon", which is a felony, as I did not have a NYS pistol permit.
The judge stated that since I admitted the revolver was mine and I did not have a permit, I was "automatically guilty" and a trial "would be a waste of the court's time and money." When I stated I did not know I had committed a felony,refused to plead guilty, and asked again for a jury trial, the judge claimed that my admission of guilt was the same as a guilty plea and I could not appeal his decision.
The attorney I was provided was uncommunicative with me throughout the proceedings, made no objections, no motions, and no closing statement.
As it was a first offense, NY Penal Law allowed a reduction to a Class E felony and I was sentenced to 30 days jail and 5 years probation.
The judge who sentenced me was the only judge in that county and was later disbarred. The current judge in that county was the prosecutor in this case who demanded "the maximum" for a first offender on a minor charge with no criminal intent.
I have been trying to get my rights restored for the past 20 years. As I have only this one felony on my record and was never sentenced to a state prison I can have my rights restored via a certificate of relief of disabilities issued by the sentencing court, but they refuse to do so. I have made 5 requests that have been arbitrarily denied, and the judge is not required to give any explanation. The Governor will grant a pardon because "other legal options exist" (i.e., the court in question). I was never told the nature of the accusations against me in the informant's statement, no court transcript exists, and the judge will not recuse himself.
The last attorney working on this matter gave up and told me I "needed to wait until that judge is off the bench."
What options, if any, do I have?
1 Answer from Attorneys
You could try an article 78.
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