TURNER v. STATE OF NEW YORK


50 A.D.3d 890 (2008)

854 N.Y.S.2d 778

CLINTON TURNER, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 111542.)

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

Decided April 15, 2008.


Ordered that the order is affirmed, without costs or disbursements.

In 1988 the claimant was convicted of robbery in the first degree and grand larceny in the fourth degree. Approximately five years after his conviction, the claimant received a recanting affidavit from the complainant in the robbery and larceny case. In that affidavit, the complainant stated not only that he had lied when he testified that the claimant robbed him at knife point, but also that he had...

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