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BABA-ALI v. STATE OF NEW YORK

No. 119.

19 N.Y.3d 627 (2012)

2012 NY Slip Op 5196

AMINE BABA-ALI, Appellant-Respondent, v. STATE OF NEW YORK, Respondent-Appellant.

Court of Appeals of New York.

Decided June 28, 2012.

Attorney(s) appearing for the Case

Harris & Panels, Syracuse ( Michael W. Harris of counsel), Bond, Schoeneck & King, PLLC, Albany ( Carl Rosenbloom of counsel), and Law Office of Peter Wessel, PLLC, New York City ( Peter Wessel of counsel), for appellant-respondent.

Eric T. Scheiderman , Attorney General, Albany ( Cecelia C. Chang , Barbara D. Underwood , Andrew D. Bing , Alison J. Nathan and Robert M. Goldfarb of counsel), for respondent-appellant.

Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur; Judge READ taking no part.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Claimant in this action to recover for unjust conviction and imprisonment pursuant to section 8-b of the Court of Claims Act was convicted in December 1989, after a nonjury trial, of having committed various sex offenses against his daughter in December 1987 and February 1988 when the child was four years of age. The abuse allegedly occurred during claimant's weekend visits with the child; claimant and the child...

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