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BERRY v. CITY OF NEW YORK

Index No. 300538/14. Appeal No. 13220. Case No. 2019-5410.

191 A.D.3d 589 (2021)

143 N.Y.S.3d 34

2021 NY Slip Op 01189

Ralph Berry, Appellant, v. City of New York, Respondent, et al., Defendants.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Law Office of Ephrem J. Wertenteil, New York ( Ephrem J. Wertenteil of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Melanie West of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.

The identification of plaintiff by the victim in two photo arrays furnished probable cause for plaintiff's arrest for murder, robbery and weapons possession (People v Lamont, 59 A.D.3d 203 [1st Dept 2009], lv denied 12 N.Y.3d 818 [2009]; People v Higgins, 178 A.D.2d 199 [1st Dept 1991], lv denied 80 N.Y.2d 832 [1992]). The existence of probable...

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