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York v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1017 (N.Y. App. Div. 1991)

Opinion

April 26, 1991

Appeal from the Court of Claims, NeMoyer, J.

Present — Denman, J.P., Green, Balio and Davis, JJ.


Judgment unanimously affirmed without costs. Memorandum: The Court of Claims properly dismissed claimant's cause of action for malicious prosecution. Claimant failed to establish that the criminal proceeding was terminated in his favor. The evidence supports the court's finding that the criminal charges against claimant were dismissed pursuant to a plea bargain (see, Zebrowski v. Bobinski, 278 N.Y. 332). The evidence also supports the court's findings that claimant was arrested based upon probable cause and that the criminal proceeding was not instituted with actual malice. There is no merit to claimant's other contentions.


Summaries of

York v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1017 (N.Y. App. Div. 1991)
Case details for

York v. State

Case Details

Full title:LAWRENCE A. YORK, Appellant, v. STATE OF NEW YORK, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 26, 1991

Citations

172 A.D.2d 1017 (N.Y. App. Div. 1991)