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GREENE v. STATE

Claim No. 115571. Appeal No. 12097N. Case No. 2019-05251.

187 A.D.3d 539 (2020)

130 N.Y.S.3d 657

2020 NY Slip Op 05811

Cy Greene, Appellant, v. State of New York, Respondent. (Claim No. 115571.)

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

Decided October 15, 2020.

Claimant's conviction of murder in the second degree and robbery in the first degree was vacated based on ineffective assistance of counsel (see 37 A.D.3d 615 [2d Dept 2007], lv denied 8 N.Y.3d 985 [2007]). Because paragraph (h) of CPL 440.10(1) is not enumerated in Court of Claims Act § 8-b(3)(b)(ii), the Court of Claims properly dismissed the claim (see Baba-Ali v State...

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