Legal Opinion

David W. v. State

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

Decided January 26, 2006No. Claim No. 106125PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Ritter, J.

We are asked to determine whether the claimant has stated a claim to recover damages for unjust conviction and imprisonment under Court of Claims Act § 8-b. We hold that he has not.

In 1995, the claimant, David W, was convicted of sodomy and sexual abuse, and was sentenced to concurrent terms of 90 days imprisonment and five years probation. While he was on probation for those offenses, the Legislature enacted the Sex Offender Registration Act (hereinafter SORA; see Correction Law article 6-C). Consequently, the claimant was notified that he had been designated a…

2Cases cited6 opinions

  1. People v. David W.New York Court of Appeals · 2000
  2. Reed v. State of New YorkNew York Court of Appeals · 1991
  3. Ivey v. State of New YorkNew York Court of Appeals · 1992
  4. Ferrer v. StateNew York Court of Claims · 1987
  5. Ferrer v. StateAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by7 opinions

  1. Turner v. StateAppellate Division of the Supreme Court of the State of New York · 2008
  2. Gioeli v. StateAppellate Division of the Supreme Court of the State of New York · 2007
  3. Scheidelman v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  4. Turner v. StateNew York Court of Claims · 2006
  5. Hopwah v. State of New YorkNew York Court of Claims · 2024

2 more not listed; retrieve them via the Exa API.

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