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MALONEY v. CUOMO

Docket No. 07-0581-cv.

554 F.3d 56 (2009)

James M. MALONEY, Plaintiff-Appellant, v. Andrew CUOMO, in his official capacity as Attorney General of the State of New York, David Paterson, in his official capacity as Governor of the State of New York, Kathleen A. Rice, in her official capacity as District Attorney of the County of Nassau, and their successors, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 28, 2009.

Attorney(s) appearing for the Case

James M. Maloney, appearing pro se, for Plaintiff-Appellant.

Karen Hutson, Deputy County Attorney (Lorna B. Goodman, County Attorney, on the brief) for Defendant-Appellee, Kathleen A. Rice, Nassau County District Attorney, Mineola, N.Y.

Before: POOLER, SOTOMAYOR, and KATZMANN, Circuit Judges.

PER CURIAM:

Plaintiff-appellant James Maloney was arrested at his home on August 24, 2000, and charged with possessing a chuka stick in violation of N.Y. Penal Law § 265.01(1). A "chuka stick" (or "nunchaku") is defined as

any device designed primarily as a weapon, consisting of two or more lengths of a rigid material joined together by a thong, rope or chain in such a manner as to allow free movement of a portion...

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