CONNER v. STATE OF NEW YORK


268 A.D.2d 706 (2000)

701 N.Y.S.2d 481

JERRY CONNER, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided January 13, 2000.


Graffeo, J.

This case arises out of the alleged improper detention of claimant, an inmate, as a result of the State's negligence. In March 1988, while claimant was serving a sentence of imprisonment of 2½ to 5 years in connection with an attempted burglary conviction, the underlying indictment was dismissed as the result of a CPL article 440 motion. Claimant alleges that he was unaware of the dismissal and was not released from prison until June 1988, at which...

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