FOR PURPOSES OF CLAIMANT’S ACTION FOR WRONGFUL CONVICTION AND IMPRISONMENT, THE TRIAL ORDER OF DISMISSAL IN THE CRIMINAL TRIAL WAS THE EQUIVALENT OF AN ACQUITTAL (FOURTH DEPT).

The Fourth Department, reversing the Court of Claims, determined the claimant was retried and acquitted on criminal charges within the meaning of the Court of Claims Act in this action seeking damages for wrongful conviction and imprisonment:

… [T]he court erred in determining that claimant “was not retried.” To the contrary, the record establishes that “a new trial was ordered” and held inasmuch as the jury was sworn, the parties made opening statements, the prosecution called various witnesses and, following the close of the prosecution’s case, the criminal court granted claimant’s motion for a trial order of dismissal … . …

… [T]he court erred in determining that a trial order of dismissal pursuant to CPL 290.10 was not the equivalent of a finding of not guilty, i.e., an acquittal, for purposes of Court of Claims Act § 8-b (3) (b) (ii). Considering the remedial purpose of the statute (see § 8-b [1]) and the fact that an acquittal is a “useful and relevant indicator of innocence” … , … [T]here is no meaningful distinction for purposes of a claimant’s threshold showing between an acquittal by a trier of fact due to failure to prove guilt beyond a reasonable doubt … and a trial order of dismissal due to legally insufficient evidence … . Owens v State of New York, 2021 NY Slip Op 07374, Fourth Dept 12-23-21