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DAVID W. v. STATE OF NY

27 A.D.3d 111 (2006)

808 N.Y.S.2d 741

DAVID W., Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 106125.)

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

January 26, 2006.

Attorney(s) appearing for the Case

Harry H. Kutner, Jr., Mineola, for appellant.

Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan and Frank K. Walsh of counsel), for respondent.

COZIER, J.P., RIVERA and FISHER, JJ., concur.

OPINION OF THE COURT

RITTER, J.

We are asked to determine whether the claimant has stated a claim to recover damages for unjust conviction and imprisonment under Court of Claims Act § 8-b. We hold that he has not.

In 1995, the claimant, David W., was convicted of sodomy and sexual abuse, and was sentenced to concurrent terms of 90 days imprisonment and five years probation. While he was on probation...

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