Legal Opinion
Shakur v. State
New York Court of Claims
Decided September 28, 2016No. Claim No. 127660PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Faviola A. Soto, J.
Defendant the State of New York brings this pre-answer motion, pursuant to CPLR 3211 (a) (5), to dismiss this Court of Claims Act § 8-b claim for unjust conviction and imprisonment. The State asserts that
“claimant is collaterally estopped from re-litigating his claim of actual innocence where said issue was already litigated and decided against him in his CPL § 444.10 hearing, and, as a result, claimant cannot satisfy the pleading requirements under § 8-b (3) (b) (ii) and (4), to demonstrate that his convictions were reversed on grounds evidencing…
2Cases cited10 opinions
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Buechel v. BainNew York Court of Appeals · 2001
- B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
- Staatsburg Water Co. v. Staatsburg Fire DistrictNew York Court of Appeals · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. DeLeonAppellate Division of the Supreme Court of the State of New York · 2021