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GLORIA VASQUEZ, respondent, v. STATE OF NEW YORK, appellant.

DECISION ORDER

ORDERED that the interlocutory judgment is reversed, on the law, with costs, and the complaint is dismissed.

Pursuant to Court of Claims Act § 8-b, any person convicted and subsequently imprisoned for one or more felonies or misdemeanors may present a claim against the State, provided, inter alia, that the claimant proves, by clear and convincing evidence, that he or she "did not commit any of the acts charged in the accusatory instrument" (Court of Claims Act § 8-b Ct. Cl. Act[5][c]; see, Torres v. State of New York, 228 A.D.2d 579, 580; Paris v. State of New York, 202 A.D.2d 482-483; see also, Reed v. State of New York, 78 N.Y.2d 1, 8). The requirements imposed by Court of Claims Act § 8-b are to be strictly construed ( see, Reed v. State of New York, supra; Chalmers v. State of New York, 246 A.D.2d 620; Torres v. State of New York, supra; Fudger v. State of New York, 131 A.D.2d 136, 140).

Contrary to the claimant's contentions, her conclusory and self-serving testimony failed to carry her "heavy burden" ( Reed v. State of New York, supra, at 11), of demonstrating, by clear and convincing evidence, that she did not commit the crimes charged in the accusatory instrument (Court of Claims Act § 8-b[c]; Pough v. State of New York, 203 A.D.2d 543; Fudger v. State of New York, supra, at 140). The fact that this court reversed her underlying criminal conviction ( People v. Vasquez, 160 A.D.2d 751) does not establish her innocence of the crimes in question ( see, Reed v. State of New York, supra, at 7-9; cf., Taylor v. State of New York, 194 A.D.2d 113, 116, affd 87 N.Y.2d 857; Nieves v. State of New York, 186 A.D.2d 240, 241). Under these circumstances, the interlocutory judgment appealed from is reversed and the complaint dismissed.

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VASQUEZ v. STATE OF NEW YORK
(Jul 26, 1999)