Diaz v. State

Full title: SIGFREDO T. DIAZ, Appellant, v. STATE OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 18, 1995

222 A.D.2d 549 (N.Y. App. Div. 1995)

636 N.Y.S.2d 625

Opinion

December 18, 1995

Appeal from the Court of Claims (Mega, J.).

Ordered that the order is affirmed, with costs.

Contrary to the claimant's contention, the Court of Claims properly dismissed the claim. Since the claimant admitted his guilt of criminal possession of a controlled substance in the seventh degree (see, People v Diaz, 167 A.D.2d 414), the likelihood of proving his innocence by clear and convincing evidence is nonexistent (see, Paris v State of New York, 202 A.D.2d 482).

In light of the foregoing, we need not reach the claimant's remaining contentions. Balletta, J.P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.