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PASSINO v. STATE OF NEW YORK

260 A.D.2d 915 (1999)

689 N.Y.S.2d 258

RICHARD R. PASSINO, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided April 22, 1999.

Carpinello, J.

Claimant seeks to recover damages for injuries allegedly sustained when State Trooper Michael Macintosh sprayed him with oleoresin capsicum (pepper spray) after he had been arrested for driving while intoxicated and refused to be handcuffed. Specifically, he claims that Macintosh used excessive force. Following a trial, the Court of Claims dismissed the claim (175 Misc.2d 733). Claimant appeals, and we now affirm...

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