On September 1, the Appellate Division reversed the conviction and dismissed the indictment against OAD client Habiyb Mohammed based upon its finding of insufficient evidence to prove Mr. Mohammed’s guilt.
Mr. Mohammed was convicted of first degree conspiracy and sentenced to 15 years to life imprisonment for his alleged involvement in a wide-ranging conspiracy to sell cocaine. The prosecution’s case against Mr. Mohammed consisted almost entirely of the voice of a man referred to as “Habiyb,” who is heard briefly on only two of over forty monitored phone conversations. The court found that although the evidence was sufficient to prove that someone called Habiyb Mohammed was a part of the conspiracy, the “record is devoid of any identification” of Mr. Mohammed to be the same as the person who is heard on the monitored calls.
Mr. Mohammed is represented by OAD Supervising Attorney Joseph Nursey. To read the opinion, click here.