Andrew Krivak’s Motion for a New Trial Denied

Andrew Krivak’s Motion for a New Trial Denied

Earlier today a Justice of the County Court denied Andrew Krivak’s motion to set aside his conviction for his role in the brutal 1994 rape and murder of 12-year-old Josette Wright.
Krivak had been found guilty by a jury of Murder in the Second Degree and Rape in the First Degree in 1997. He was sentenced to a term of 25 years to life by the trial court, who found that the evidence was “overwhelmingly against him” and there was “no question” that Krivak was guilty of this horrific crime. Krivak’s conviction was subsequently upheld on appeal.

Earlier this year, Krivak filed a motion claiming there was “newly discovered evidence” that, he contended, would result in his acquittal if he was granted a new trial. The County Court considered and rejected each and every argument advanced by Krivak, concluding that “[g]iven the overwhelming evidence of Defendant’s guilt, the purported “new evidence” is not likely to result in a more favorable verdict for Defendant.”

The Court based its determination in large part on Krivak’s “detailed, voluntary confession” which he provided to law enforcement following his arrest. The Court noted that Krivak’s confession was corroborated by witness accounts, physical evidence, and forensic analysis. In comparison to this evidence, the Court concluded that the purported new evidence “pales in comparison” and did not warrant a new trial.

District Attorney Robert V. Tendy would like to thank the Court for its careful consideration of the motion and detailed analysis of Krivak’s claims. He would also like to thank Assistant District Attorney Larry Glasser for responding to Krivak’s motion and the current and former members of the Putnam County Sheriff’s Office who have worked tirelessly on this case for more than two decades to ensure that Krivak continues to be held responsible for his actions.