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

Excerpt

Vincent Rivers was convicted of murder in the second degree in a Kings County retrial in June 1983,1 following an Appellate Division reversal of his conviction in a previous trial.2 He was sentenced to twenty-five years to life in prison.3 A third trial ended in a mistrial. A fourth trial, at which Rivers was again convicted of murder, was reversed because of numerous prejudicial errors by the trial court.4 On July 17, 1986, following a fifth trial, Rivers was acquitted on all counts.5 Rivers’ multi-million-dollar lawsuit against the state for unjust conviction and four and one-half years imprisonment is pending in the Court of Claims.6

Footnotes

1. See Rivers v. State, No. 77158, Motion No. M-39533, slip op. at 2 (N.Y.Ct.Cl. Jan. 12, 1989) (denying defendant’s motion to dismiss).
 
2. People v. Rivers, 85 A.D.2d 674, 445 N.Y.S.2d 196 (2d Dep’t 1981).
 
3. See Rivers v. State, No. 77158, slip op. at 2.
 
4. People v. Rivers, 109 A.D.2d 758, 486 N.Y.S.2d 73 (2d Dep’t 1985).
 
5. See Rivers v. State, No. 77158, slip op. at 4.
 
6. Rivers v. State, No. 77158 (N.Y.Ct.Cl. Jan. 12, 1989).