OAKLEY v. CITY OF ROCHESTER


71 A.D.2d 15 (1979)

David J. Oakley, Appellant, v. City of Rochester, Respondent

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

November 16, 1979


Attorney(s) appearing for the Case

Falk, Schoenwald, Klafter & Ange (Sidney Schoenwald of counsel), for appellant.

Louis N. Kash, Corporation Counsel (Michael J. Looby of counsel), for respondent.

CARDAMONE, J. P., SCHNEPP and WITMER, JJ., concur with MOULE, J.; CALLAHAN, J., dissents and votes to reinstate the verdict in an opinion.


MOULE, J.

Plaintiff had given a gun safety demonstration to a group of boy scouts and was placing his guns in the trunk of his car when an undercover police car pulled up. The police had been called to the area because of a report of a peeping Tom. The police began to question plaintiff, and an altercation developed, resulting in plaintiff's arrest for assault, resisting arrest and harassment. Plaintiff was tried...

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