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ACOSTA v. STATE

22 A.D.3d 367 (2005)

801 N.Y.S.2d 899

HUMBERTO ACOSTA, Appellant, v. STATE OF NEW YORK, Respondent.

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

October 20, 2005.

The trial court's conclusion that claimant failed to present sufficient evidence to meet his heavy burden of proving by clear and convincing evidence that he did not commit the crimes with which he was charged in the underlying prosecution (see Court of Claims Act § 8-b [5] [c]; Reed v. State of New York, 78 N.Y.2d 1 [1991]) is supported by the record, and we decline to disturb it...

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