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GUICE v. CITY OF NEW YORK

298 A.D.2d 202 (2002)

748 N.Y.S.2d 723

LEE S. GUICE, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided October 15, 2002.

It appears that as plaintiff's decedent was being chased by the police, he attempted to swallow a plastic bag containing 11 glassine envelopes containing cocaine. He collapsed shortly thereafter, and was taken unconscious by defendant New York City Emergency Medical Service to defendant Harlem Hospital, where he died about seven hours later of asphyxiation caused by choking on the unremoved plastic bag. The autopsy report noted...

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