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MENDOZA v. CITY OF NEW YORK

6243, 1449/07

90 A.D.3d 453 (2011)

933 N.Y.S.2d 863

2011 NY Slip Op 8818

FRANCISCO MENDOZA, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided December 8, 2011.

No triable issue of fact exists as to whether the detention, arrest, or prosecution was supported by probable cause, given that the police found plaintiff in a state of undress on premises identified in a valid search warrant as a drug distribution point, and a controlled substance was recovered from those premises (see Martinez v City of Schenectady, 97 N.Y.2d 78, 85 [2001]; People...

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