Legal Opinion

Morales v. State

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2001PublishedCited by 4 opinions

1Opinion of the Court

—Judgment, Court of Claims, New York County (Alan Marin, J.), entered on or about February 23, 2000, after trial, dismissing a claim under the Unjust Conviction and Imprisonment Act (Court of Claims Act § 8-b), unanimously affirmed, without costs.

A fair interpretation of the evidence supports the trial court’s finding, largely one of credibility (see, Thoreson v Penthouse Intl., 80 NY2d 490, 495; Vinciguerra v State of New York, 262 AD2d 743, 744), that claimant failed to meet his “heavy burden of proving [his] innocence by clear and convincing proof’ (Reed, v State of New York, 78 NY2d 1,…

2Cases cited4 opinions

  1. Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
  2. Reed v. State of New YorkNew York Court of Appeals · 1991
  3. Vinciguerra v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  4. Taylor v. StateAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by4 opinions

  1. Turner v. StateNew York Court of Claims · 2006
  2. Matter of Auqui (Verdugo)Appellate Division of the Supreme Court of the State of New York · 2016
  3. Taylor v. StateNew York Court of Claims · 2009
  4. Williams v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2026

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