Niver v. State

OPINION OF THE COURT

Spain, J.

At issue in this appeal is whether a youthful offender adjudication constitutes a conviction for purposes of stating a claim for unjust conviction and imprisonment under the Court of Claims Act. In 1999, claimant was convicted by a jury of two counts of assault in the second degree and thereafter adjudicated as a youthful offender. The pertinent factual and procedural history was previously detailed when we reversed claimant’s judgment, finding legally insufficient evidence of claimant’s guilt of assault in the second degree (People v William EE., 276 AD2d 918…