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ROSARIO v. STATE OF N. Y.

33 A.D.2d 122 (1969)

Victor Rosario, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 42836.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 4, 1969.

Attorney(s) appearing for the Case

Zapata & Halbert (Sara Halbert of counsel), for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent-appellant.

REYNOLDS, STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.

HERLIHY, P. J.

These are cross appeals from a judgment of the Court of Claims, entered October 11, 1966, awarding damages to the claimant. (Opn. 51 Misc.2d 790.)

The claimant was arrested in June of 1958 and charged with various crimes to which he pleaded not guilty. Subsequently he was examined by two psychiatrists at Bellevue Hospital, and following a proper...

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