Opinion
Argued April 5, 2000.
May 22, 2000.
In a claim to recover damages for unjust conviction and imprisonment pursuant to Court of Claims Act § 8-b, the claimant appeals from a judgment of the Court of Claims (Marin, J.), dated January 27, 1999, which, after a nonjury trial, dismissed the claim.
Herbst Greenwald, LLP, New York, N.Y., and Howrey Simon, Washington, D.C. (Robert L. Herbst, Lois G. Williams, and Christopher W. Mayer of counsel), for appellant (one brief filed).
Eliot Spitzer, Attorney-General, New York, N.Y. (Peter G. Crary and Frank K. Walsh of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs
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[c]; 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 of the statute 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 contention, the trial court's determination that he failed to prove his innocence by clear and convincing evidence was not against the weight of the evidence (see, Taylor v. State of New York, 266 A.D.2d 385; Rivers v. State of New York, 202 A.D.2d 565; Taran v. State of New York, 186 A.D.2d 794; Vizzari v. State of New York, 184 A.D.2d 564; Alexandre v. State of New York, 168 A.D.2d 472). Resolution of questions of credibility is particularly within the domain of the trier of fact and should not be disturbed on appeal if supported by the record (see, Taran v. State of New York, supra, at 795-796; Vizzari v. State of New York, supra).
The claimant's remaining contention is without merit.
SANTUCCI, J.P., McGINITY, LUCIANO and SCHMIDT, JJ., concur.