LAWSON v. CITY OF NEW YORK

4922, 24970/04.

83 A.D.3d 609 (2011)

922 N.Y.S.2d 54

ANA LAWSON, Respondent-Appellant, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

Decided April 28, 2011.


Defendant Police Department arrested plaintiff without a warrant and charged her with criminal possession of a controlled substance in the first and third degrees. Although the lack of a warrant raised a presumption of a lack of probable cause for her arrest and imprisonment (see Broughton v State of New York, 37 N.Y.2d 451, 458 [1975], cert denied sub nom. Schanbarger v Kellogg, 423 U.S. 929 [1975]), defendants established...

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