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Conclusion

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CONCLUSION

In conclusion, the claimant John Doe may receive compensation in New York State under the Court of Claims Act § 8-b, also known as the Unjust Conviction and Imprisonment Act of 1984. This is similar to Kotler v. State, in which the claimant was awarded compensation under the act. Based on methods used in Gonzalez v. State and factors such as Doe’s age, gender, race, education and employment history, the courts may award Doe up to $1,674,826.00 in past and future lost earnings.

However, upon reviewing the statistics stated in “Compensating the Wrongly Convicted,” it is unlikely that Doe will recover damages in his action against the state. If Doe is awarded damages in trial court, the state will most likely appeal, causing a higher court to either reduce the total sum as seen in Colon v. City of New York or properly deny damages altogether as seen in Coakley v. State.

Therefore, although Doe may be compensated for his wrongful conviction and imprisonment, it is unlikely that he will receive remedies from the state.



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