JENKS v. STATE


213 A.D.2d 513 (1995)

623 N.Y.S.2d 916

Robert Jenks, Appellant, v. State of New York, Respondent. (Claim No. 81402.) William F. McGuire, Appellant, v. State of New York, Respondent. (Claim No. 81403.) Sharon Hoke, Appellant, v. State of New York, Respondent. (Claim No. 81404.) Marie Banko, Appellant, v. State of New York, Respondent. (Claim No. 81405.) Jose F. De La Cruz, Appellant, v. State of New York, Respondent. (Claim No. 81406.) Ramona Guthy, Appellant, v. State of New York, Respondent. (Claim No. 81407.) Victoria D. Achacoso, Appellant, v. State of New York, Respondent. (Claim No. 81408.)

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

March 20, 1995


Ordered that the judgments are affirmed, with one bill of costs.

To recover damages for malicious prosecution, it is necessary to show an absence of probable cause to make the arrest and to maintain the subsequent criminal proceeding (see, Weingarten v Halfpenny Auto Parts, 138 A.D.2d 373, 374; see also, Colon v City of New York, 60 N.Y.2d 78...

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