The Case of Andre Brown

Deskovic Foundation client Andre Brown was convicted of two attempted murders for a 1999 shooting that occurred when he was a 22 year old college student from the Bronx. Brown was sentenced to 40 years to life in prison for a crime he always said he had nothing to do with.

After 23 years in New York prisons, nearly half his life, Brown's conviction was overturned by the Foundation’s legal team on December 5, 2022, and he was freed. Brown was represented by Foundation attorney and founder Jeffrey Deskovic in his first victory as a lawyer, second seating Foundation advisory board member and attorney Oscar Michelen.

The Foundation’s attorneys presented new evidence showing that Brown couldn’t have been the gunman seen running at the scene because of a severe leg injury he had at the time, which Andre's trial attorney never presented. The defense also presented an alternative suspect who very closely resembled Andre; that suspect was identified by two other witnesses; and their identification was corroborated by ballistics evidence. A judge vacated Brown's conviction, citing ineffective counsel, and released him on his own recognizance. For the first time in 23 years, Andre was able to celebrate the holidays in person with his family. During his over two years of freedom, Andre worked at the non-profit organization, “Choice of NY”, working with at-risk youths, in collaboration with Office For Youth Part in New Rochelle City Court, started a GED program, participated in book and chess clubs and acted as an ambassador within the innocence movement, making public appearances and participating in many speaking engagements.

Meanwhile, the Bronx District Attorney’s appealed the reversal, and the Appellate Division reinstated Andre’s conviction, ruling that his trial attorney’s decision not to present the medical impossibility evidence was strategic. The New York Court of Appeals then denied Andre permission to appeal to them, followed by Gov. Hochul denying an emergency clemency petition. After four different occasions where Andre was to surrender to be reincarcerated for the remaining 17 years of his sentence, the judge granted a resentencing motion, with the consent of the Bronx District Attorney’s office. Andre will be resentenced on December 1, 2025. We hope the judge will give a sentence which will allow Andre to remain free with his family.