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NIVER v. STATE

12 A.D.3d 51 (2004)

784 N.Y.S.2d 201

WILLIAM P. NIVER, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 106770.)

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

November 4, 2004.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Frank K. Walsh of counsel), for appellant.

Fitzsimmons Reynolds L.L.P., Watkins Glen (Daniel J. Fitzsimmons of counsel), for respondent.

MERCURE, J.P., CREW III, LAHTINEN and KANE, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

At issue in this appeal is whether a youthful offender adjudication constitutes a conviction for purposes of stating a claim for unjust conviction and imprisonment under the Court of Claims Act. In 1999, claimant was convicted by a jury of two counts of assault in the second degree and thereafter adjudicated as a youthful offender. The pertinent factual and procedural history was previously detailed when we reversed claimant...

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