Cole v. State of New York

This is an application by the State, pursuant to rule 106 of the Buies of Civil Practice, to dismiss the claim herein for failure to state facts sufficient to constitute a cause of action.

*590The claim seeks to recover damages for alleged false imprisonment, and, it follows the claimant’s successful writ of error coram nobis in the Supreme Court, Rensselaer County wherein a prior judgment of conviction, following a plea of guilty to a felony indictment, was vacated. The history of the case is set forth in People v. Cole (6 A D 2d 725). Thereafter, and, upon the remission of the case to the…