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WARNEY v. STATE OF NEW YORK

No. 35.

16 N.Y.3d 428 (2011)

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

Court of Appeals of New York.

Decided March 31, 2011.

Attorney(s) appearing for the Case

Neufeld Scheck & Brustin, LLP, New York City ( Peter J. Neufeld , Deborah L. Cornwall , Anna Benvenutti Hoffmann and Sarah A. Crowley of counsel), and Easton Thompson Kasperek, LLP, Rochester ( Donald Thompson of counsel), for appellant.

Eric T. Schneiderman , Attorney General, New York City ( Alison J. Nathan , Frank K. Walsh , Barbara D. Underwood , Andrew D. Bing and Andrea Oser of counsel), for respondent.

Emery Celli Brinckerhoff & Abady LLP, New York City ( Andrew G. Celli, Jr. , and Debra Greenberger of counsel), and Nathalie Gilfoyle for American Psychological Association, amicus curiae.

Patterson Belknap Webb & Tyler LLP, New York City ( Joshua A. Goldberg , Elizabeth H. Shofner and Anna Skiba-Crafts of counsel), Keith A. Findley , University of Wisconsin Law School, Madison, Wisconsin, Steven A. Drizin , Northwestern University School of Law, Chicago, Illinois, and Daniel S. Medwed , S.J. Quinney College of Law at the University of Utah, Salt Lake City, Utah, for The Innocence Network, amicus curiae.

Chief Judge LIPPMAN and Judges PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH concurs in result in a separate opinion in which Judges GRAFFEO and READ concur.

OPINION OF THE COURT

CIPARICK, J.

Claimant Douglas Warney spent over nine years incarcerated for a murder he did not commit. The primary evidence against him was a confession that contained non-public details about the crime. Warney now seeks damages under Court of Claims Act § 8-b, the Unjust Conviction and Imprisonment Act. We conclude that Warney's confession and other statements and actions the State attributes to him do not, on the facts as alleged...

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