Convicting the Innocent
DNA Exonerations Database

Kerry Kotler

First Name Kerry
Last NameKotler
Year of Conviction1982
Year of Exoneration1992
State of ConvictionNew York
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeWhite
Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • Serology
Types of Flawed Forensics
  • No Transcript
  • Valid
Brief Quote / Description of Testimony

Serology could not exclude Kotler

Identity of eyewitness
  • Intraracial Identificaiton
  • Victim
Suggestive Procedures

No transcript. But – apparent Brady issues – “police reports stated that the victim did not actually positively identify the defendant’s picture but described him only as a “look alike.” Furthermore, as recorded in police reports, the victim’s description of the defendant was inaccurate for age, height, and weight. The defense was never informed about those reports.” Edward Connors, et al., U.S. Dep’t of Justice, Convicted By Juries, Exonerated By Science: Case Studies In The Use Of DNA Evidence To Establish Innocence After Trial 18 (1996)

Highest level reachedAppeal
Claims Raised During All Appeals and Postconviction
  • Sentencing — Noncapital
Citations to judicial opinions

People v. Kotler,, 118 A.D.2d 592 (N.Y. App. Div. 2 Dept. 1986)
People v. Kotler, 494 N.E.2d 123 (N.Y. 1986)