A man who served more than eight years in prison for a robbery he did not commit, and then saw his unjust-conviction claim dismissed because his attorney failed to note the specific Penal Law subdivision that served as the basis for upsetting his conviction, may pursue financial compensation, an Appellate Division, 2nd Department, panel has ruled.

In a second victory for Gerald Harris, the panel granted his motion for summary judgment on the issue of liability, holding the state liable for yet-to-be-determined damages.