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.

We introduced medical evidence which his trial attorney never presented, showing he could not have committed the crime. We also found an alternative suspect who strongly resembled Andre, had been in a shootout with the victims just a few days before that in a drug turf war, and was implicated by two witnesses, with everything corroborated by ballistics evidence. Based on that evidence, we argued actual innocence; newly discovered evidence; and ineffective assistance of counsel. The judge only overturned the conviction based on ineffective assistance of counsel, and Andre was released from prison and reunited with his family. 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 two years later the Appellate Division reinstated Andre’s conviction, ruling that his trial attorney’s decision not to present the medical impossibility evidence could have been strategic. This normally would have resulted in Andre being reimprisoned to serve out the remaining 17 years of his sentence. We fought against Andre's reimprisonment for a year, and finally prevented it.

First, the New York Court of Appeals denied Andre permission to appeal to them, then Gov. Hochul declined to grant an emergency clemency petition "at this time”. After four different occasions where Andre was to surrender to be reincarcerated for the remaining 17 years of his sentence, the judge granted our resentencing motion with the consent of the Bronx District Attorney’s office. On December 1, 2025, Andre was resentenced to time served by the judge, preventing his reimprisonment. We are still going to pursue a full exoneration, but now Andre is free from prison and will able to remain with his wife, daughter, and young son.