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Appeals court: Jury erred in convicting man of murder

February 8, 2018

ROCHESTER, N.Y. (AP) — A man convicted of beating a man to death in a suburban Rochester hotel room is out of prison after a regional appellate court ruled the jury didn’t have enough evidence to prove his guilt.

The Appellate Division of state supreme court in Rochester said there was evidence proving Preston Carter was in the hotel room of the victim, Joel Greenberg. But the judges said prosecutors didn’t establish he was guilty of murder, and that other suspects may have been overlooked. They overturned the murder conviction on Feb. 2.

Greenberg, who was known to meet men for sex, was found dead in a blood-spattered Henrietta hotel room in 2008.

Carter, now 34, was sentenced to 25 years to life for murder. He was released from prison on Thursday afternoon after serving five years and two months.

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