Legal Opinion

Gordon v. State

New York Court of Claims

Decided September 27, 1988No. Claim No. 76552PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

Walter Gordon filed a claim under the Unjust Conviction and Imprisonment Act of 1984 (L 1984, ch 1009, adding Court *243of Claims Act § 8-b) and the State has moved to dismiss. The issue before us is whether the reversal of claimant’s conviction as a result of the improper admission of identification testimony tainted by unduly suggestive procedures, and the later dismissal of the indictment in the interest of justice, satisfies the grounds for relief specified in section 8-b (3) (b) (ii) of the Court of Claims Act.

On September 22, 1979, Melvin Penn and…

2Cases cited27 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Holtzman v. GoldmanNew York Court of Appeals · 1988
  3. People v. PelchatNew York Court of Appeals · 1984
  4. People v. SavvidesNew York Court of Appeals · 1956
  5. People v. BallottNew York Court of Appeals · 1967

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3Cited by2 opinions

  1. Coakley v. StateNew York Court of Claims · 1991
  2. Pough v. StateNew York Court of Claims · 1992

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