New York S09768 amends the court of claims act to modify proof of claims for unjust conviction and imprisonment.
New York S09768 amends the court of claims act to change the criteria for proof of claims for unjust conviction and imprisonment. It specifies that a claimant can prove an unjust conviction if their judgment of conviction was reversed or vacated and the accusatory instrument dismissed, or if they were found not guilty at a new trial or not retried and the accusatory instrument dismissed. The bill also allows for a claim if the claimant has been pardoned based on innocence or if the statute or application thereof violated the constitution.
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