Legal Opinion
O'Donnell v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2005No. Claim No. 104340PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Fisher, J.
On a claim against the State of New York to recover damages for unjust conviction and imprisonment, the claimant must establish by clear and convincing evidence, inter alia, that the wrongful conviction was not caused or brought about by his or her own conduct (see Court of Claims Act § 8-b [5] [d]). On this appeal, the issue presented is whether a claimant causes or brings about his or her own conviction by presenting alibi evidence which the trial jury, in returning a guilty verdict, necessarily rejects.
Shortly after 6:00 a.m. on Saturday, May 24, 1997, a woman…
2Cases cited15 opinions
- People v. VictorNew York Court of Appeals · 1984
- People v. RussellNew York Court of Appeals · 1934
- Scanlan v. Buffalo Public School SystemNew York Court of Appeals · 1997
- People v. SheirodAppellate Division of the Supreme Court of the State of New York · 1987
- Lanza v. StateAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by5 opinions
- People v. BushAppellate Division of the Supreme Court of the State of New York · 2011
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2009
- Harris v. StateAppellate Division of the Supreme Court of the State of New York · 2007
- People v. PetionAppellate Division of the Supreme Court of the State of New York · 2020
- Warney v. StateAppellate Division of the Supreme Court of the State of New York · 2010