Opinion
April 10, 2001.
Judgment, Court of Claims, New York County (Alan Marin, J.), entered on or about February 23, 2000, after trial, dismissing a claim under the Unjust Conviction and Imprisonment Act (Court of Claims Act § 8-b), unanimously affirmed, without costs.
Martin S. Rothman, for Claimant-Appellant
Frank K. Walsh, for Defendant-Respondent
Sullivan, P.J., Williams, Andrias, Rubin, Friedman, JJ.
A fair interpretation of the evidence supports the trial court's finding, largely one of credibility (see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495; Vinciguerra v. State of New York, 262 A.D.2d 743, 744), that claimant failed to meet his "heavy burden of proving [his] innocence by clear and convincing proof" (Reed v. State of New York, 78 N.Y.2d 1, 11; see, Taylor v. State of New York, 266 A.D.2d 385, lv denied 94 N.Y.2d 764). We have considered and rejected claimant's argument that the trial court erred in excluding certain out-of-court statements made by the complaining witness at claimant's criminal trial.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.