N.Y. CTC. LAW § 8-b : NY Code - Section 8-B: Claims for unjust conviction and imprisonment

1.  The
  legislature finds and declares  that  innocent  persons  who  have  been
  wrongly  convicted  of  crimes  and  subsequently  imprisoned  have been
  frustrated in seeking legal redress due to a variety of substantive  and
  technical  obstacles  in  the  law  and that such persons should have an
  available avenue of redress over and above the existing tort remedies to
  seek compensation for damages. The legislature intends by  enactment  of
  the  provisions  of  this  section  that  those innocent persons who can
  demonstrate by clear and convincing evidence  that  they  were  unjustly
  convicted  and  imprisoned be able to recover damages against the state.
  In light of the substantial burden of proof that must be carried by such
  persons, it is  the  intent  of  the  legislature  that  the  court,  in
  exercising  its  discretion as permitted by law regarding the weight and
  admissibility of evidence submitted pursuant to this section, shall,  in
  the interest of justice, give due consideration to difficulties of proof
  caused by the passage of time, the death or unavailability of witnesses,
  the  destruction of evidence or other factors not caused by such persons
  or those acting on their behalf.
    2. Any person convicted and subsequently imprisoned for  one  or  more
  felonies  or misdemeanors against the state which he did not commit may,
  under the conditions hereinafter provided, present a claim  for  damages
  against the state. In scheduling court appearances and filing deadlines,
  the  court shall give docket priority at each stage of the proceeding to
  such claims for  damages  under  this  subdivision  where  the  claimant
  asserts  proof  of  innocence  through  DNA  evidence.  Any adjournments
  granted in the course of such a proceeding should be for as short a time
  as is practicable.
    3.  In  order  to  present  the  claim  for  unjust   conviction   and
  imprisonment, claimant must establish by documentary evidence that:
    (a)  he  has  been  convicted  of one or more felonies or misdemeanors
  against the state and subsequently sentenced to a term of  imprisonment,
  and has served all or any part of the sentence; and
    (b) (i) he has been pardoned upon the ground of innocence of the crime
  or  crimes  for which he was sentenced and which are the grounds for the
  complaint; or (ii) his judgment of conviction was reversed  or  vacated,
  and  the accusatory instrument dismissed or, if a new trial was ordered,
  either he was found not guilty at the new trial or he  was  not  retried
  and  the accusatory instrument dismissed; provided that the judgement of
  conviction was reversed or vacated, and the  accusatory  instrument  was
  dismissed, on any of the following grounds: (A) paragraph (a), (b), (c),
  (e)  or  (g)  of  subdivision  one  of  section  440.10  of the criminal
  procedure law; or (B) subdivision one  (where  based  upon  grounds  set
  forth in item (A) hereof), two, three (where the count dismissed was the
  sole basis for the imprisonment complained of) or five of section 470.20
  of  the  criminal  procedure  law;  or  (C) comparable provisions of the
  former code of criminal procedure or subsequent law; or (D) the statute,
  or application thereof, on which the  accusatory  instrument  was  based
  violated the constitution of the United States or the state of New York;
  and
    (c)  his  claim  is  not  time-barred by the provisions of subdivision
  seven of this section.
    4. The claim shall state facts in  sufficient  detail  to  permit  the
  court  to  find  that  claimant is likely to succeed at trial in proving
  that (a) he did not commit any of the acts  charged  in  the  accusatory
  instrument or his acts or omissions charged in the accusatory instrument
  did not constitute a felony or misdemeanor against the state, and (b) he
  did  not  by  his  own  conduct cause or bring about his conviction. The
  claim shall be verified by  the  claimant.  If  the  court  finds  after

  reading  the  claim  that claimant is not likely to succeed at trial, it
  shall dismiss the claim, either on its own motion or on  the  motion  of
  the state.
    5.  In order to obtain a judgment in his favor, claimant must prove by
  clear and convincing evidence that:
    (a) he has been convicted of one  or  more  felonies  or  misdemeanors
  against  the state and subsequently sentenced to a term of imprisonment,
  and has served all or any part of the sentence; and
    (b) (i) he has been pardoned upon the ground of innocence of the crime
  or crimes for which he was sentenced and which are the grounds  for  the
  complaint;  or  (ii) his judgment of conviction was reversed or vacated,
  and the accusatory instrument dismissed or, if a new trial was  ordered,
  either  he  was  found not guilty at the new trial or he was not retried
  and the accusatory instrument dismissed; provided that the judgement  of
  conviction  was  reversed  or vacated, and the accusatory instrument was
  dismissed, on any of the following grounds: (A) paragraph (a), (b), (c),
  (e) or (g)  of  subdivision  one  of  section  440.10  of  the  criminal
  procedure  law;  or  (B)  subdivision  one (where based upon grounds set
  forth in item (A) hereof), two, three (where the count dismissed was the
  sole basis for the imprisonment complained of) or five of section 470.20
  of the criminal procedure law;  or  (C)  comparable  provisions  of  the
  former code of criminal procedure or subsequent law; or (D) the statute,
  or  application  thereof,  on  which the accusatory instrument was based
  violated the constitution of the United States or the state of New York;
  and
    (c) he did not commit any  of  the  acts  charged  in  the  accusatory
  instrument or his acts or omissions charged in the accusatory instrument
  did not constitute a felony or misdemeanor against the state; and
    (d) he did not by his own conduct cause or bring about his conviction.
    6.  If the court finds that the claimant is entitled to a judgment, it
  shall award damages in such sum of money as the  court  determines  will
  fairly and reasonably compensate him.
    7.  Any  person  claiming  compensation  under this section based on a
  pardon that was granted before the effective date of this section or the
  dismissal of an accusatory instrument that occurred before the effective
  date of this section shall file his claim within  two  years  after  the
  effective  date  of this section. Any person claiming compensation under
  this section based on  a  pardon  that  was  granted  on  or  after  the
  effective  date  of  this  section  or  the  dismissal  of an accusatory
  instrument that occurred on or after the effective date of this  section
  shall file his claim within two years after the pardon or dismissal.