PHILLIPS v. STATE


36 A.D.2d 679 (1971)

Leon E. Phillips, Respondent, v. State of New York, Appellant. (Claim No. 51893.)

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

February 18, 1971


Order unanimously reversed, without costs, and motion granted.

Memorandum:

On September 12, 1969 respondent was arrested at his residence by two State Troopers. Three days later he consulted a physician who found that he had sustained injuries to the head, chest and arm and evidenced a severe cerebral concussion. Respondent stated to the physician that he had been assaulted by one of the troopers at the time of his arrest at his home on September 12. Within...

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