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ELLSWORTH v. CITY OF GLOVERSVILLE

269 A.D.2d 654 (2000)

703 N.Y.S.2d 294

STEVEN ELLSWORTH, Appellant, v. CITY OF GLOVERSVILLE et al., Respondents.

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

Decided February 3, 2000.

Mugglin, J.

In August 1995, plaintiff was arrested pursuant to a warrant issued by the Gloversville City Court for the offense of criminal trespass in the third degree, a class B misdemeanor. Upon arraignment, plaintiff was committed to the Fulton County Jail on $2,500 cash bail which was later posted by plaintiff's wife. Subsequently, upon plaintiff's omnibus motion, City Court dismissed the criminal complaint based upon the facial insufficiency of the allegations...

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