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BRITT v. STATE OF NEW YORK

260 A.D.2d 6 (1999)

698 N.Y.S.2d 852

DANNY BRITT, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 95248.)

Appellate Division of the Supreme Court of the State of New York, First Department.

November 16, 1999.

Attorney(s) appearing for the Case

Vida M. Alvy of counsel, Poughkeepsie (Michael E. Timm and Alvy & Jacobson, attorneys), for respondent.

Frank K. Walsh of counsel, Albany (Peter G. Crary on the brief; Eliot Spitzer, Attorney General, attorney), for appellant.

SAXE and BUCKLEY, JJ., concur with RUBIN, J.; ROSENBERGER. J. P., and MAZZARELLI, J., concur in a separate opinion by ROSENBERGER, J. P.

OPINION OF THE COURT

RUBIN, J.

The State of New York appeals from an order, inter alia, denying its motion for summary judgment dismissing the claim against it on the ground that claimant fails to meet the statutory criteria to maintain an action for wrongful conviction. Upon review of the record in this case, I find the evidence insufficient to support the proposition, advanced by claimant, that he was coerced by the trial court into entering a plea...

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