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O'DONNELL v. STATE OF NY

5 Misc.3d 604 (2004)

782 N.Y.S.2d 603

JAMES O'DONNELL, Claimant, v STATE OF NEW YORK, Defendant. (Claim No. 104340.)

Court of Claims.

September 13, 2004.

Attorney(s) appearing for the Case

Cochran, Neufeld & Scheck, LLP (Peter J. Neufeld, Brandon C. Garrett and Deborah L. Cornwall of counsel), for claimant.

Eliot Spitzer, Attorney General (Janet Polstein of counsel), for defendant.

OPINION OF THE COURT

ALAN C. MARIN, J.

This is the decision following the trial, on liability, of the claim of James O'Donnell brought under the Unjust Conviction and Imprisonment Act, which is codified as section 8-b of the Court of Claims Act.

Early in the morning of Saturday, May 24, 1997, Emma P. was assaulted in Clove Lakes Park on Staten Island, while at the park for one of her regular walks. On that...

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