REED v. STATE OF NEW YORK


78 N.Y.2d 1 (1991)

Mary Reed, Respondent, v. State of New York, Appellant. (Claim No. 71407.)

Court of Appeals of the State of New York.

Decided May 7, 1991.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Frank K. Walsh, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.

Stephen C. Glasser, Pamela Anagnos Liapakis and Cyrus M. Diamond for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

In this first appeal to reach us under Court of Claims Act § 8-b, the State seeks to set aside claimant's damages award for her unjust conviction and imprisonment. Concluding that claimant has failed to satisfy the explicit statutory requirement of clear and convincing proof that she did not commit any of the acts with which she was charged, or that her acts were not crimes, we reverse the award and...

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