Ferrer v. State

OPINION OF THE COURT

Frank S. Rossetti, J.

Motion by defendant for dismissal (CPLR 3211 [a] [7]) is denied.

*219Defendant moves to dismiss the subject unjust conviction claim (see, Court of Claims Act § 8-b) on the ground it does not meet an alleged requirement of the relevant statute, to wit, reversal or vacatur of the conviction on a ground specified in the statute (see, Court of Claims Act § 8-b [3] [b] [ii]). Claimant responds that a reversal need not be on one of the specified grounds where there is a retrial and an acquittal. Since the subject statute is recent (see, L 1984, ch 1009, eff Dec.…