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NUNEZ v. CITY OF NEW YORK

307 A.D.2d 218 (2003)

762 N.Y.S.2d 384

MARSHALL NUNEZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided July 24, 2003.

Claimant presently is a 22-year-old developmentally disabled man who was arrested on October 14, 1999 in connection with a rape. He is functionally illiterate, with the cognitive abilities of an 11-year-old child, and his mathematical skills are limited to finger-counting, as is established by Board of Education and other records. In May 2000, DNA testing established his innocence, and on November 17, 2000, the Bronx County District...

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