MacKENZIE v. VICTOR

Index No. 150343/14. Appeal No. 14855. Case No. 2021-00882.

200 A.D.3d 529 (2021)

160 N.Y.S.3d 212

2021 NY Slip Op 06958

Lionel MacKenzie, Appellant, v. Erminda Victor et al., Defendants, and City of New York et al., Respondents.

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

Decided December 14, 2021.


Attorney(s) appearing for the Case

Fedrizzi & Associates, P.C., Tuckahoe ( Linda F. Fedrizzi of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Barbara Graves-Poller of counsel), for respondents.

Concur—Gische, J.P., Webber, Oing, Singh, Higgitt, JJ.


The record, in the form of the arresting police officers' report, establishes that defendant Erminda Victor, identified as the complainant, observed plaintiff engage in conduct constituting the crime of public lewdness (see Penal Law § 245.00[a]). The officers identified defendant Ernest Lemos as a witness to the offending conduct, which he claimed to have videotaped on his phone. These facts provided the officers with probable cause to arrest plaintiff (see...

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