NEWTON v. STATE

7208. 115443.

165 A.D.3d 421 (2018)

85 N.Y.S.3d 31

2018 NY Slip Op 06494

Alan Newton, Appellant-Respondent, v. State of New York, Respondent-Appellant.

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

Decided October 2, 2018.


At the outset, we note that as defendant appealed not from the judgment, but from the December 11, 2017 order, we deem the appeal from the order to be an appeal from the judgment (see CPLR 5520 [c]). Claimant was convicted in two separate prosecutions within a two-week period in 1985 for which he received consecutive sentences. He was exonerated of the second conviction in 2006 after completing the first sentence and 12 years of the second. He prevailed in a federal...

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