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202 A.D.2d 565

Rivers v. State

Appellate Division of the Supreme Court of the State of New York · decided 1994-03-21

Decided 1994-03-21

Friedmann, J.,

¶1dissents and votes to reverse the judgment, reinstate the claim, and remit the matter to the Court of Claims for a trial on the issue of damages.

¶2I dissent on the ground that there is no admissible evidence linking the claimant to possession of a weapon of any description — let alone the murder weapon — on the evening of the crime. Since it was impossible for the claimant to disprove an allegation of which there was no proof in the first instance, I would reverse the judgment, reinstate the claim, and remit the matter to the Court of Claims for a trial on the issue of damages.

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