New York University Review of Law and Social Change
1990/1991
Challenging the Death Penalty: A Colloquium
Part Two
INEVITABLE ERROR: WRONGFUL NEW YORK STATE HOMICIDE CONVICTIONS, 1965-1988
by Marty I. Rosenbaum
Excerpts
Larry Boone was convicted of murder in Bronx County on December 6, 1973. The conviction was reversed on July 15, 1975, because the prosecutor had failed to disclose crucial exculpatory evidence.1 On remand, the trial court dismissed all charges because the detective’s notes had been lost and because witnesses favorable to the defense (whose identities were not revealed by the government at the time of trial) were no longer available, and because there was no proof of Boone’s criminal intent other than his mere presence at the scene. The Court of Claims granted Boone summary judgment on his wrongful imprisonment compensation claim.2 He had been sentenced to twenty-five years to life in prison, and had served nearly two years before being released.3
Arthur Cleveland was convicted of murder in Bronx County on December 6, 1973, along with co-defendant Larry Boone,4 and was sentenced to twenty years to life in prison. His conviction was reversed in 19755 on the authority of People v. Boone,6 on the grounds that the prosecutor had unconstitutionally failed to disclose crucial exculpatory evidence. The trial court on remand dismissed all charges.7 Cleveland had been imprisoned for four and one-half years.8
Footnotes
1. People v. Boone, 49 A.D.2d 559, 370 N.Y.S.2d 613 (1st Dep’t 1975) (mem.).
2. Boone v. State, No. 74203 (N.Y.Ct.Cl. Jan. 7, 1988).
3. Id.; see also Correctional Services Supplement, infra note 47.
4. See supra text accompanying notes 1-3.
5. People v. Cleveland, 49 A.D.2d 718, 374 N.Y.S.2d 291 (1st Dep’t 1975)
(mem.).
6. 49 A.D.2d 559, 370 N.Y.S.2d 613 (1st Dep’t 1975) (mem.).
7. Certificate No. 13466, People v. Cleveland, No. 1899 (N.Y.Sup.Ct., Bronx
County, Nov. 24, 1986).
8. Transcript of Proceedings at 14-18, People v. Boone, No. 1899-71
(N.Y.Sup.Ct., Bronx County, Dec. 19, 1975).