GANN v. CITY OF NEW YORK

Index No. 151816/14. Appeal No. 14192. Case No. 2021-00516.

197 A.D.3d 1035 (2021)

151 N.Y.S.3d 878

2021 NY Slip Op 05080

Michael Gann, Appellant, v. City of New York et al., Respondents.

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

Decided September 28, 2021.


Attorney(s) appearing for the Case

David J. Hernandez & Associates, Brooklyn ( David J. Hernandez , of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Claibourne Henry of counsel), for respondents.

Concur—Webber, J.P., Mazzarelli, Scarpulla, Pitt, JJ.


This appeal stems from plaintiff's arrest and prosecution for menacing in the second degree (Penal Law § 120.14). According to the testimony of the police officers involved in the arrest, a group of pedestrians flagged down the officers to report that plaintiff had threatened them with a knife. Upon approaching plaintiff, the officers observed him holding what appeared to be a knife but later proved to be a pair of needle-nose pliers. A known witness also identified...

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