Legal Opinion

Livingston v. State

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

Decided July 15, 1996Published

1Opinion of the Court

—In a claim for damages for wrongful conviction and imprisonment pursuant to Court of Claims Act § 8-b, the claimant appeals from a judgment of the Court of Claims (Weisberg, J.), dated April 4, 1995, which, after a non-jury trial, dismissed the claim.

Ordered that the judgment is affirmed, with costs.

The claimant’s decedent was convicted of murder in the second degree and criminal possession of a weapon in the second degree. This Court reversed the judgment of conviction (see, People v Livingston, 157 AD2d 859), and, after a retrial, the decedent was acquitted. Thereafter, the decedent…

2Cases cited4 opinions

  1. Moses v. StateNew York Court of Claims · 1987
  2. Ausderau v. StateNew York Court of Claims · 1985
  3. Alexandre v. StateAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1990

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