O'DONNELL v. STATE OF NY


26 A.D.3d 59 (2005)

808 N.Y.S.2d 266

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

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

December 12, 2005.


Attorney(s) appearing for the Case

Cochran Neufeld & Scheck, LLP, New York City (Peter Neufeld and Deborah L. Cornwall of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Andrea Oser and Frank K. Walsh of counsel), for respondent.

ADAMS, J.P., S. MILLER and RITTER, JJ., concur.


OPINION OF THE COURT

FISHER, J.

On a claim against the State of New York to recover damages for unjust conviction and imprisonment, the claimant must establish by clear and convincing evidence, inter alia, that the wrongful conviction was not caused or brought about by his or her own conduct (see Court of Claims Act § 8-b [5] [d]). On this appeal, the issue presented is whether a claimant causes...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases