Convicting the Innocent
DNA Exonerations Database

Scott Fappiano

First NameScott
Last NameFappiano
Year of Conviction1984
Year of Exoneration2006
State of ConvictionNew York
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeWhite
Did the defendant testify at trial?No
Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • Serology
Types of Flawed Forensics
  • Valid (Excluded)
Brief Quote / Description of Testimony

Fappiano was an O secretor and cigarettes and a white towel recovered from scene exhibited A and H blood group substances.

Identity of eyewitness
  • Intraracial Identificaiton
  • Victim
Multiple eyewitnesses2
Lineup Procedures
  • Lineup
  • Mug shots
  • Photo array
Suggestive Procedures

Yes ● Suggestive line-up

Quotes from testimony #1

Defense lawyer argued that “The only person who stands out in that picture, and primarily because of height, is Mr. Fappiano.You could see he’s inches below the two people who sit next to him. I mean really inches.”

Unreliable Identification?

Yes ● Non-identification by third eyewitness, who did not testify at trial

Highest level reachedAppeal
Claims Raised During All Appeals and Postconviction
  • Brady
  • Jackson Claim
  • Sentencing — Noncapital
  • State Court Newly Discovered Evidence Claim
  • Suggestive Eyewitness Identification
Harmless Error Rulings
  • NP
Citations to judicial opinions

People v. Fappiano, 512 N.Y.S.2d 301 (N.Y. Sup. 1987)
People v. Fappiano, 139 A.D.2d 524 (N.Y. App. Div. 2 Dept. 1988)
People v. Fappiano, 529 N.E.2d 182 (N.Y. 1988) (Table)

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