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DAVIS v. STATE

CA 11-01800.

91 A.D.3d 1356 (2012)

937 N.Y.S.2d 521

2012 NY Slip Op 630

CORNELL DAVIS, JR., Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 114998.) (Appeal No. 2.)

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

Decided January 31, 2012.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, and the claim is dismissed.

Memorandum: Claimant commenced this action seeking damages for defendant's alleged breach of a statutory duty owed to claimant under Correction Law former § 601-a. In 2001, claimant pleaded guilty to a nonviolent, class E felony. Because claimant was a second felony...

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