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WILLIAMS v. STATE

87 N.Y.2d 857 (1995)

661 N.E.2d 1381

638 N.Y.S.2d 600

Judith A. Williams, as Executor of The Estate of Bruce Taylor, Deceased, Appellant, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 7, 1995.

Attorney(s) appearing for the Case

Mark P. Denbeaux, New City, Andrea Moran, Kingston, and Bruce D. Blatchly, New Paltz, for appellant.

Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus, Victoria A. Graffeo and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Claimant's decedent, Bruce Taylor, was convicted of sale of a controlled substance in 1974. After serving over five years in jail and four years on probation, Taylor successfully moved pursuant to CPL 440.10 to vacate the judgment of conviction on the ground of prosecutorial misconduct, i.e., the false testimony of the arresting police...

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