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PASSINO v. STATE OF NY

175 Misc.2d 733 (1998)

669 N.Y.S.2d 793

Richard R. Passino, Claimant, v. State of New York, Defendant. (Claim No. 89383.)

Court of Claims.

January 28, 1998

Attorney(s) appearing for the Case

Livingston L. Hatch for claimant. Dennis C. Vacco, Attorney-General (Kathleen W. Lawliss of counsel), for defendant.

JOHN L. BELL, J.

Claimant contends that a State Trooper used excessive force when, on February 23, 1994, the Trooper sprayed him with pepper spray (oleoresin capsicum) during an incident that occurred following his arrest for driving while intoxicated in the Village of Keeseville, Clinton County. Issues of first impression are implicated since no reported decision in this jurisdiction has addressed the use...

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