Indictment Dismissed Due to Conviction Being Against the Weight of the Evidence
Following a Queens County bench trial, Mr. Delvalle was convicted of third-degree robbery, third-degree assault, and related counts. The incident arose after the complainant and his friend chased Mr. Delvalle down a dark street, believing he was the person who had earlier stolen the complainant’s wallet. The complainant beat Mr. Delvalle, who needed to be transported to the hospital for injuries. The defense argued misidentification and contended the complainant had fabricated details to avoid prosecution for brutally assaulting an innocent man, yet the trial court convicted Mr. Delvalle.
The Appellate Division reversed the conviction and dismissed the indictment. The Court noted that Mr. Delvalle did not possess the complainant’s wallet, there was no physical evidence connecting him to the scene of the theft, and that his clothing did not match the description of what the perpetrator was wearing. Finding that the testimony of the complainant and his friend “suffered other credibility issues,” including the contention the lighting was excellent despite the events occurring between 4:00 a.m. and 5:00 a.m. in November, the Court found the evidence was insufficient to establish Mr. Delvalle’s identity as the perpetrator.
Lynn W. L. Fahey and David Fitzmaurice represented Mr. Delvalle
