N.M. v. CITY OF NEW YORK

9045, 350326/12.

171 A.D.3d 586 (2019)

96 N.Y.S.3d 856

2019 NY Slip Op 02981

N.M., an Infant, by His Mother and Natural Guardian, Carmen P., et al., Appellants, v. City of New York et al., Respondents.

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

Decided April 23, 2019.


The evidence shows that defendant police officers initially approached two individuals for a stop and inquiry regarding a suspected drug transaction in a known drug location. When the 17-year-old infant plaintiff (NM) began to curse and scream at the officers, as well as refuse to cooperate with their instructions, ultimately drawing the attention of a crowd, the police had probable cause to arrest NM for, at minimum, disorderly...

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