MATTER OF CITY OF COHOES v. SPIZOWSKI


72 A.D.2d 847 (1979)

In the Matter of City of Cohoes et al., Respondents, v. Richard Spizowski, Appellant, and Walter E. Burke, Respondent

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

November 8, 1979


The record shows that on March 13, 1972, before the Presiding Judge in the Cohoes Police Court, the attorney for the appellant moved to dismiss an information charging the appellant with the crime of assault in the third degree. The court responded: "I grant the dismissal because the police officer and the young lady so indicated." The court further stated: "A release on behalf of the police officer [petitioner Doty] is ordered." A release was executed by the appellant in...

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