SMITH v. COUNTY OF NASSAU


34 N.Y.2d 18 (1974)

Thomas F. Smith, Appellant, v. County of Nassau, Respondent.

Court of Appeals of the State of New York.

Decided March 28, 1974.


Attorney(s) appearing for the Case

Jerome F. Matedero and Richard K. Shepard for appellant.

Joseph Jaspan, County Attorney (Natale C. Tedone and Biagio F. Giaquinto of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES and STEVENS concur with Judge RABIN; Judge JASEN dissents and votes to affirm in a separate opinion; Judge WACHTLER taking no part.


RABIN, J.

This action for false arrest and false imprisonment arises from plaintiff's warrantless arrest by a police officer of the defendant after the victim of a felony identified plaintiff as his assailant. The question posed is whether, as a matter of law, this identification furnished reasonable cause for the officer's belief that plaintiff committed the felony and thereby justified the warrantless arrest...

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