O'Donnell v. State

OPINION OF THE COURT

Alan C. Marin, J.

*605This is the decision following the trial, on liability, of the claim of James O’Donnell brought under the Unjust Conviction and Imprisonment Act, which is codified as section 8-b of the Court of Claims Act.

Early in the morning of Saturday, May 24, 1997, Emma E was assaulted in Clove Lakes Park on Staten Island, while at the park for one of her regular walks. On that morning, she arrived around 6:00 a.m. and proceeded to walk by the “little lake” at the parking lot and had done a number of circuits when she noticed a man she thought looked out of place…