Ivey v. State

Order unanimously affirmed without costs. Memorandum: The Court of Claims properly denied defendant’s motion to dismiss the claim herein on the grounds that (1) claimant’s conviction was not reversed on one of the limited grounds set forth in the Unjust Conviction and Imprisonment Act (Court of Claims Act § 8-b) and (2) the claim does not comply with statutory pleading requirements. It is not necessary that claimant’s conviction has been reversed on one of the grounds specifically enumerated in section 8-b (3) (b) (ii) of the Court of Claims Act where, as here, there was a retrial and an…