LLUVERAS v. STATE OF NEW YORK


136 Misc.2d 171 (1987)

Americo Lluveras, Claimant, v. State of New York, Defendant. (Claim No. 73793.)

Court of Claims.

June 25, 1987


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert S. Hammer of counsel), for defendant. Dorf & Perlmutter for claimant.


FRANK S. ROSSETTI, J.

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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