Legal Opinion
Dickan v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2002PublishedCited by 4 opinions
1Opinion of the Court
—Order, Court of Claims of the State of New York (S. Michael Nadel, J.), entered July 25, 2001, which, upon renewal, granted defendant’s motion to dismiss claimant’s claim for unjust conviction and imprisonment, unanimously affirmed, without costs.
Claimant’s motion to vacate his underlying conviction, together with the transcript of the hearing in which the Supreme Court granted the motion, clearly establish that the vacatur was based on CPL 440.10 (1) (d) and/or (h), in that the police unlawfully seized cocaine from defendant’s person. Since those paragraphs of CPL 440.10 (1) are not…
2Cases cited4 opinions
- Fudger v. StateAppellate Division of the Supreme Court of the State of New York · 1987
- Piccarreto v. StateAppellate Division of the Supreme Court of the State of New York · 1988
- Heiss v. StateAppellate Division of the Supreme Court of the State of New York · 1988
- Forest v. StateAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by4 opinions
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- Rosario v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Rosario v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Jeanty v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019