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MORALES v. STATE OF NY

183 Misc.2d 839 (2000)

705 N.Y.S.2d 176

RAUL MORALES, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 96764.)

Court of Claims.

January 25, 2000.

Attorney(s) appearing for the Case

Kahn, Gordon, Timko & Rodrigues, P. C. (Harold Gordon of counsel), for claimant.

Eliot Spitzer, Attorney General (Risa Viglucci of counsel), for defendant.

OPINION OF THE COURT

ALAN C. MARIN, J.

This is a claim brought under the Unjust Conviction and Imprisonment Act of 1984, section 8-b of the Court of Claims Act. Raul Morales was convicted of rape in the first degree and sentenced to a prison term of 12½ to 25 years by a judgment rendered April 11, 1988. Years later the complaining witness changed her story, recanting at a hearing conducted under CPL article 440 at which the judgment was vacated and...

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