Legal Opinion
Ausderau v. State
New York Court of Claims
Decided December 23, 1985No. Claim No. 70677PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Donald J. Corbett, Jr., J.
Claimant was convicted of a crime (assault in the first degree), was imprisoned for some 4lA years as a consequence of his conviction, had his conviction set aside (People v Aus*849serau, 77 AD2d 152),1 was acquitted upon his retrial, and now seeks damages from the State of New York. (Court of Claims Act § 8-b.) He did not commit the crime for which he was convicted.
The Legislature has recently enacted the "Unjust Conviction and Imprisonment Act of 1984” (L 1984, ch 1009), ostensibly to permit the recovery of damages by those whose factual situations…
2Cases cited3 opinions
- People v. RogersNew York Court of Appeals · 1979
- People v. BartolomeoNew York Court of Appeals · 1981
- People v. AusserauAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by8 opinions
- Moses v. StateNew York Court of Claims · 1987
- Ausderau v. StateAppellate Division of the Supreme Court of the State of New York · 1987
- O'Donnell v. StateAppellate Division of the Supreme Court of the State of New York · 2005
- Rogers v. StateNew York Court of Claims · 1999
- Taylor v. StateAppellate Division of the Supreme Court of the State of New York · 1993
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