The subject claim is based on the new unjust conviction statute, section 8-b of the Court of Claims Act. Defendant moves to dismiss on two grounds: (a) the vacatur of claimant's conviction was not on a ground specified in the statute (i.e., it was based on constitutional grounds specifically omitted from the statute; see, Court of Claims Act § 8-b [3] [b] [ii] [A]; CPL 440.10 [1] [d], [h]) and (b) claimant has not presented...
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