Lluveras v. State

OPINION OF THE COURT

Frank S. Rossetti, J.

The subject claim is based on the new unjust conviction statute, section 8-b of the Court of Claims Act. Defendant moves to dismiss on two grounds: (a) the vacatur of claimant’s conviction was not on a ground specified in the statute (i.e., it was based on constitutional grounds specifically omitted from the statute; see, Court of Claims Act § 8-b [3] [b] [ii] [A]; CPL 440.10 [1] [d], [h]) and (b) claimant has not presented sufficient facts to show his innocence as required by the statute (see, Court of Claims Act § 8-b [4]). Claimant answers that (a)…