ROGERS v. STATE OF NY


181 Misc.2d 683 (1999)

694 N.Y.S.2d 874

RICHARD L. ROGERS, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 88940.)

Court of Claims.

June 28, 1999.


Attorney(s) appearing for the Case

Gerald P. Gorman for claimant.

Eliot Spitzer, Attorney General (Carmen L. Snell of counsel), for defendant.


OPINION OF THE COURT

JOHN P. LANE, J.

Richard Rogers contends that he was unjustly convicted and imprisoned. The trial of his claim was bifurcated and this decision is limited to liability issues.

On June 21, 1990 claimant was indicted by the Grand Jury of Cattaraugus County on two counts of grand larceny in the fourth degree. The indictment was tried on the theory that in June and July 1989 claimant...

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