Warney v. State

Appeal from an order of the Court of Claims (Renee Forgensi Minarik, J.), entered October 16, 2008. The order granted defendant’s motion and dismissed the claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: The Court of Claims properly granted defendant’s motion to dismiss this claim seeking damages for unjust conviction and imprisonment pursuant to Court of Claims Act § 8-b. The claim was brought after claimant’s conviction of two counts of murder in the second degree was vacated based on *1476newly found evidence, i.e., the DNA analysis of…