2006 New York Code - 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.
    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.