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Diaz v. State

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 549 (N.Y. App. Div. 1995)

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.


Summaries of

Diaz v. State

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 549 (N.Y. App. Div. 1995)
Case details for

Diaz v. State

Case Details

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

Citations

222 A.D.2d 549 (N.Y. App. Div. 1995)
636 N.Y.S.2d 625