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CLAIMANT’S SEXUAL ABUSE CONVICTION WAS VACATED AFTER THE ALLEGED VICTIM RECANTED; CLAIMANT BROUGHT AN ACTION AGAINST THE STATE PURSUANT TO COURT OF CLAIMS ACT SECTION 8-B FOR UNJUST CONVICTION AND IMPRISONMENT; THE COURT OF CLAIMS PROPERLY FOUND CLAIMANT DID NOT PROVE HIS INNOCENCE BY CLEAR AND CONVINCING EVIDENCE (CT APP).

The Court of Appeals, in a full-fledged opinion by Judge Halligan, over a dissenting opinion, affirming the dismissal of claimant’s action for unjust conviction and imprisonment, determined claimant, whose sexual abuse conviction was vacated after the alleged victim recanted, did not prove his innocence by clear and convincing evidence. The opinion is fact-specific and cannot be fairly summarized here:

Tuckett filed this claim against the State, seeking damages for unjust conviction and imprisonment pursuant to Court of Claims Act § 8-b. Tuckett needed to “prove by clear and convincing evidence” the remaining two elements of his claim: that “he did not commit any of the acts charged in the accusatory instrument” and that “he did not by his own conduct cause or bring about his conviction” (Court of Claims Act § 8-b [5] [c], [d]). * * *

A claimant who asserts a damages claim against the State under section 8-b must prove their innocence by clear and convincing evidence. That task “is certainly not a simple one” … . After hearing from and observing Tuckett and N.M. (the alleged victim), the Court of Claims determined that the accusations were credible and the recantation was not, and that Tuckett therefore failed to carry his burden. We see no reversible error in that decision. Tuckett v State of New York, 2025 NY Slip Op 03099, CtApp 5-20-25

Practice Point: An action against the state for unjust conviction and imprisonment pursuant to Court of Claims Act section 8-b requires that the claimant prove his or her innocence by clear and convincing evidence. Here the testimony of the alleged victim, who had recanted his allegations of sexual abuse, was not enough.

 

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HERE PLAINTIFF HAD THE RIGHT-OF-WAY ENTERING AN INTERSECTION AND DEFENDANT FAILED... THE EVIDENCE THAT DEFENDANT HAD SEXUALLY ASSAULTED THE VICITM’S TWO SISTERS...