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DICKAN v. STATE OF NEW YORK

300 A.D.2d 257 (2002)

751 N.Y.S.2d 370

DAVID DICKAN, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 31, 2002.

Claimant's motion to vacate his underlying conviction, together with the transcript of the hearing in which the Supreme Court granted the motion, clearly establish that the vacatur was based on CPL 440.10 (1) (d) and/or (h), in that the police unlawfully seized cocaine from defendant's person. Since those paragraphs of CPL 440.10 (1) are not enumerated in Court of Claims Act § 8-b (3) (b) (ii), the Court of Claims properly dismissed the claim (see Forest v State of...

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