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RAUL MORALES, Claimant-Appellant v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.

A fair interpretation of the evidence supports the trial court's finding, largely one of credibility (see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495; Vinciguerra v. State of New York, 262 A.D.2d 743, 744), that claimant failed to meet his "heavy burden of proving [his] innocence by clear and convincing proof" (Reed v. State of New York, 78 N.Y.2d 1, 11; see, Taylor v. State of New York, 266 A.D.2d 385, lv denied 94 N.Y.2d 764). We have considered and rejected claimant's argument that the trial court erred in excluding certain out-of-court statements made by the complaining witness at claimant's criminal trial.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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MORALES v. STATE
(Apr 10, 2001)