BROWN v. CITY OF NEW YORK


289 A.D.2d 95 (2001)

735 N.Y.S.2d 21

SHAWN BROWN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 13, 2001.


In view of the evidence that the victim told the detective at the hospital on the morning of the shooting that he would be able to identify the gunman if he were to see him again; that the victim unequivocally picked defendant's photo at the precinct a few weeks later; and that the victim unequivocally identified plaintiff in a lineup, it is clear, as a matter of law, that there was probable cause to arrest plaintiff, which circumstance is a complete defense to plaintiff...

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