N.Y. Court of Claims Act § 8-b: Claims for unjust conviction and imprisonment

§ 8-b. Claims for unjust conviction and imprisonment. 1. The

legislature finds and declares that innocent persons who have been

wrongly convicted of crimes and subsequently imprisoned have been

frustrated in seeking legal redress due to a variety of substantive and

technical obstacles in the law and that such persons should have an

available avenue of redress over and above the existing tort remedies to

seek compensation for damages. The legislature intends by enactment of

the provisions of this section that those innocent persons who can

demonstrate by clear and convincing evidence that they were unjustly

convicted and imprisoned be able to recover damages against the state.

In light of the substantial burden of proof that must be carried by such

persons, it is the intent of the legislature that the court, in

exercising its discretion as permitted by law regarding the weight and

admissibility of evidence submitted pursuant to this section, shall, in

the interest of justice, give due consideration to difficulties of proof

caused by the passage of time, the death or unavailability of witnesses,

the destruction of evidence or other factors not caused by such persons

or those acting on their behalf.

2. Any person convicted and subsequently imprisoned for one or more

felonies or misdemeanors against the state which he did not commit may,

under the conditions hereinafter provided, present a claim for damages

against the state. In scheduling court appearances and filing deadlines,

the court shall give docket priority at each stage of the proceeding to

such claims for damages under this subdivision where the claimant

asserts proof of innocence through DNA evidence. Any adjournments

granted in the course of such a proceeding should be for as short a time

as is practicable.

3. In order to present the claim for unjust conviction and

imprisonment, claimant must establish by documentary evidence that:

(a) he has been convicted of one or more felonies or misdemeanors

against the state and subsequently sentenced to a term of imprisonment,

and has served all or any part of the sentence; and

(b) (i) he has been pardoned upon the ground of innocence of the crime

or crimes for which he was sentenced and which are the grounds for the

complaint; or (ii) his judgment of conviction was reversed or vacated,

and the accusatory instrument dismissed or, if a new trial was ordered,

either he was found not guilty at the new trial or he was not retried

and the accusatory instrument dismissed; provided that the judgement of

conviction was reversed or vacated, and the accusatory instrument was

dismissed, on any of the following grounds: (A) paragraph (a), (b), (c),

(e) or (g) of subdivision one of section 440.10 of the criminal

procedure law; or (B) subdivision one (where based upon grounds set

forth in item (A) hereof), two, three (where the count dismissed was the

sole basis for the imprisonment complained of) or five of section 470.20

of the criminal procedure law; or (C) comparable provisions of the

former code of criminal procedure or subsequent law; or (D) the statute,

or application thereof, on which the accusatory instrument was based

violated the constitution of the United States or the state of New York;

and

(c) his claim is not time-barred by the provisions of subdivision

seven of this section.

4. The claim shall state facts in sufficient detail to permit the

court to find that claimant is likely to succeed at trial in proving

that (a) he did not commit any of the acts charged in the accusatory

instrument or his acts or omissions charged in the accusatory instrument

did not constitute a felony or misdemeanor against the state, and (b) he

did not by his own conduct cause or bring about his conviction. The

claim shall be verified by the claimant. If the court finds after

reading the claim that claimant is not likely to succeed at trial, it

shall dismiss the claim, either on its own motion or on the motion of

the state.

5. In order to obtain a judgment in his favor, claimant must prove by

clear and convincing evidence that:

(a) he has been convicted of one or more felonies or misdemeanors

against the state and subsequently sentenced to a term of imprisonment,

and has served all or any part of the sentence; and

(b) (i) he has been pardoned upon the ground of innocence of the crime

or crimes for which he was sentenced and which are the grounds for the

complaint; or (ii) his judgment of conviction was reversed or vacated,

and the accusatory instrument dismissed or, if a new trial was ordered,

either he was found not guilty at the new trial or he was not retried

and the accusatory instrument dismissed; provided that the judgement of

conviction was reversed or vacated, and the accusatory instrument was

dismissed, on any of the following grounds: (A) paragraph (a), (b), (c),

(e) or (g) of subdivision one of section 440.10 of the criminal

procedure law; or (B) subdivision one (where based upon grounds set

forth in item (A) hereof), two, three (where the count dismissed was the

sole basis for the imprisonment complained of) or five of section 470.20

of the criminal procedure law; or (C) comparable provisions of the

former code of criminal procedure or subsequent law; or (D) the statute,

or application thereof, on which the accusatory instrument was based

violated the constitution of the United States or the state of New York;

and

(c) he did not commit any of the acts charged in the accusatory

instrument or his acts or omissions charged in the accusatory instrument

did not constitute a felony or misdemeanor against the state; and

(d) he did not by his own conduct cause or bring about his conviction.

6. If the court finds that the claimant is entitled to a judgment, it

shall award damages in such sum of money as the court determines will

fairly and reasonably compensate him.

7. Any person claiming compensation under this section based on a

pardon that was granted before the effective date of this section or the

dismissal of an accusatory instrument that occurred before the effective

date of this section shall file his claim within two years after the

effective date of this section. Any person claiming compensation under

this section based on a pardon that was granted on or after the

effective date of this section or the dismissal of an accusatory

instrument that occurred on or after the effective date of this section

shall file his claim within two years after the pardon or dismissal.