THE FOLLOWING IS VIA YWN
The prison sentence against a Hasidic man accused of beating a black man in December 2013 has been dismissed, as the defendant won his appeal – with his indictment being thrown out as well.
Mayer Herskovic was one of five people that were arrested and charged with beating up Taj Patterson in Williamsburg in December 2013, leaving him blind in one of his eyes. Herkovic was the final person still facing charges.
Prosecutors had initially dismissed charges against two of them – Joseph Fried, 29, and Aharon Hollender, 31. Two others — Abraham Winkler, 43, and Pinchas Braver, 22 — pleaded guilty to lesser charges and avoided time in prison.
Only Mr. Herskovic, 25, went to trial. He was convicted in September of gang assault, menacing and unlawful imprisonment, sentenced to 4 years in prison even though Mr. Patterson testified that he was not one of the main attackers.
Herskovic’s lawyers had claimed he was “a scapegoat” in the attack and there was insufficient evidence to prove he was involved.
The court document reads in part:
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Danny K. Chun, J.), rendered March 16, 2017, convicting Mayer Herskovic of gang assault in the second degree, unlawful imprisonment in the first degree, and menacing in the third degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with CPL 160.50.
Under the circumstances of this case, including the complainant’s inability to positively identify any of his attackers, the varying accounts regarding the incident, and the DNA evidence, which was less than convincing, we find that the evidence, when properly weighed, did not establish the defendant’s guilt beyond a reasonable doubt.
In light of our determination, we do not address the defendant’s remaining contentions.
Patterson, then a 22-year-old fashion student, claimed he was headed home to Fort Greene at around 4:30 a.m. on Dec. 1, 2013 after a night of drinking with friends, when more than a dozen ultra-Orthodox Jewish men – many of them members of Williamsburg Shomrim – began assaulting him on Flushing Avenue.... Read more at YWN