Claimant has failed to state a claim for relief on any of the grounds enumerated in Court of Claims Act § 8-b (3) (b). The reversal of his criminal conviction and the dismissal of the underlying indictment were not based upon an unconstitutional application of the underlying penal statutes (see Court of Claims Act § 8-b [3] [b] [ii] [D]); rather, dismissal was warranted by the failure to comply with a procedural requirement regarding the prohibition of duplicitous...
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