Morales v. State

Appellate Division of the Supreme Court of New York

Morales v. State

282 A.D.2d 245, 722 N.Y.S.2d 860, 2001 N.Y. App. Div. LEXIS 3558

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 2001·Published·Cited by 3 cases

Opinion

—Judgment, Court of Claims, New York County (Alan Marin, J.), entered on or about February 23, 2000, after trial, dismissing a claim under the Unjust Conviction and Imprisonment Act (Court of Claims Act § 8-b), unanimously affirmed, without costs.

A fair interpretation of the evidence supports the trial court’s finding, largely one of credibility (see, Thoreson v Penthouse Intl., 80 NY2d 490, 495; Vinciguerra v State of New York, 262 AD2d 743, 744), that claimant failed to meet his “heavy burden of proving [his] innocence by clear and convincing proof’ (Reed, v State of New York, 78 NY2d 1, 11; see, Taylor v State of New York, 266 AD2d 385, lv denied 94 NY2d 764). We have considered and rejected claimant’s argument that the trial court erred in excluding certain out-of-court statements made by the complaining witness at claimant’s criminal trial. Concur — Sullivan, P. J., Williams, Andrias, Rubin and Friedman, JJ.

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—Judgment, Court of Claims, New York County (Alan Marin, J.), entered on or about February 23, 2000, after trial, dismissing a claim under the Unjust Conviction and Imprisonment Act (Court of Claims Act § 8-b), unanimously affirmed, without costs.

A fair interpretation of the evidence supports the trial court’s finding, largely one of credibility (see, Thoreson v Penthouse Intl., 80 NY2d 490, 495; Vinciguerra v State of New York, 262 AD2d 743, 744), that claimant failed to meet his “heavy burden of proving [his] innocence by clear and convincing proof’ (Reed, v State of New York, 78 NY2d 1, 11; see, Taylor v State of New York, 266 AD2d 385, lv denied 94 NY2d 764). We have considered and rejected claimant’s argument that the trial court erred in excluding certain out-of-court statements made by the complaining witness at claimant’s criminal trial. Concur — Sullivan, P. J., Williams, Andrias, Rubin and Friedman, JJ.

Morales v. State, 282 A.D.2d 245, 722 N.Y.S.2d 860, 2001 N.Y. App. Div. LEXIS 3558 (N.Y. Ct. App. 2001).

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Opinion

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