Scott v. City of Niagara Falls

OPINION OF THE COURT

Joseph J. Sedita, J.

Defendant Niagara County has moved to dismiss this action for failure to state a cause of action.

In January of 1972, the plaintiff was convicted of the criminal sale of a controlled substance in the third degree. In the fall of 1973, new evidence became available via a Grand Jury investigation. This evidence was favorable to the plaintiff. He learned of this new evidence through newspaper coverage of the investigation. Upon learning of this new evidence, he wrote to the Niagara County Judge seeking assistance in order to file a writ of error coram…