The rule has always been that a plaintiff must be able to allege actual innocense (reversal, acquittal or exonoeration) in order to sue a criminal defense attorney for legal malpractice.  Recently, in Dombrowsky v. Bulson,  2012 NY Slip Op 04203 (2012) the Court of Appeals trimmed possible bases for damages solely to economic damages.  No right to non-pecuniary damages remains.

Here, in Brownell v LeClaire   2012 NY Slip Op 05231   Decided on June 28, 2012   Appellate Division, Third Department we start to see some of the fallout. 
 

"As for his claim against McKeighan, plaintiff argues that McKeighan was negligent when he represented him and advised him to plead guilty to a crime he did not commit. In that regard, plaintiff sought damages for personal and psychological injuries, as well as other nonpecuniary losses he claims to have incurred as a result of his incarceration and wrongful conviction. A defendant in a criminal prosecution cannot recover for nonpecuniary damages that occur as a result of legal malpractice and, therefore, these claims made by plaintiff against McKeighan must be dismissed (see Dombrowski v Bulson, ___ NY3d ___, 2012 NY Slip Op 04203 [2012]). However, McKeighan’s motion papers fail to address plaintiff’s claim that he sustained economic damages as a result of McKeighan’s alleged legal malpractice. As a result, while we have serious reservations about the validity of these claims, we are, at this stage of the proceedings, constrained to find that a question of fact exists as to whether plaintiff incurred such economic damages as a result of McKeighan’s alleged legal malpractice. "