WARNEY v. STATE


70 A.D.3d 1475 (2010)

894 N.Y.S.2d 274

DOUGLAS WARNEY, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 114826.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 11, 2010.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: The Court of Claims properly granted defendant's motion to dismiss this claim seeking damages for unjust conviction and imprisonment pursuant to Court of Claims Act § 8-b. The claim was brought after claimant's conviction of two counts of murder in the second degree was vacated based on newly found evidence, i.e...

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