BRYANT v. STATE OF NEW YORK

Appeal No. 15422. Case No. 2021-04043. Claim No. 133233.

203 A.D.3d 420 (2022)

160 N.Y.S.3d 609

2022 NY Slip Op 01380

David Bryant, Appellant, v. State of New York, Respondent.

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

Decided March 3, 2022.


Attorney(s) appearing for the Case

Emery Celli Brinckerhoff Abady Ward & Maazel LLP, New York ( Richard D. Emery of counsel), for appellant.

Letitia James , Attorney General, New York ( Mark S. Grube of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.


Contrary to claimant's contentions, his claim does not satisfy the pleading requirements of Court of Claims Act § 8-b(3)(b), as the vacatur of his conviction by the habeas court was not based on any of the grounds set forth in the statute; it was based on a finding of ineffective assistance of counsel in violation of claimant's constitutional rights (see CPL 440.10[1][h]), which is not an included ground. The Court of Claims correctly determined that the findings...

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