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DiBLASIO v. CITY OF NEW YORK

No. 364, Docket 96-7282.

102 F.3d 654 (1996)

Mario DiBLASIO, Plaintiff-Appellant, v. The CITY OF NEW YORK; J. James Owens, New York City Police Officer, Shield 510, formerly No. 22825; Phillip Giardina, Shield No. 200; Unknown New York City Undercover Police Officer "Joey Doe", Shield No. 1369, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 13, 1996.

Attorney(s) appearing for the Case

Susan D. Fitzpatrick, Ossining, NY, for Plaintiff-Appellant.

Jane L. Gordon, Assistant Corporation Counsel, New York City (Paul A. Crotty, Corporation Counsel of the City of New York, Larry A. Sonnenshein, Assistant Corporation Counsel, New York City, of counsel), for Defendants-Appellees.

Before: VAN GRAAFEILAND, WINTER and JACOBS, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Mario DiBlasio appeals from a judgment of the United States District Court for the Southern District of New York (Martin, J.) dismissing his complaint on the pleadings pursuant to Fed.R.Civ.P. 12(b)(6) and (c).

On August 19, 1985, a Kings County Grand Jury indicted DiBlasio on charges of criminal sale of a controlled substance (cocaine) in the first, second and third degrees and criminal possession of a controlled substance...

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