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ROSARIO v. STATE OF NEW YORK

Appeal No. 13188. Case No. 2020-03105. Claim No. 130387.

191 A.D.3d 586 (2021)

138 N.Y.S.3d 865

2021 NY Slip Op 01151

Richard Rosario, Appellant, v. State of New York, Respondent. (Claim No. 130387.)

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

Decided February 23, 2021.

Attorney(s) appearing for the Case

Neufeld Scheck & Brustin, LLP, New York ( Amelia Green of counsel), for appellant.

Letitia James , Attorney General, New York ( Caroline A. Olsen of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Mazzarelli, Oing, JJ.

Claimant's conviction was vacated on the sole ground of ineffective assistance of counsel (CPL 440.10[1][h]), which is not a statutorily enumerated ground for vacatur (Court of Claims Act § 8-b[3][b][ii]; see Baba-Ali v State of New York, 19 N.Y.3d 627, 633 n 5 [2012]). There is no basis for considering whether the conviction should be vacated on any enumerated ground (Greene v State of New York, 187 A.D.3d 539, 540 ...

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