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ROHER v. STATE OF NEW YORK

279 A.D. 1116 (1952)

Lynn M. Roher, Appellant, v. State of New York, Respondent. (Claim No. 30100.) Claude M. Roher, by Lynn M. Roher, His Guardian ad Litem, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 30101.) Rose Marty, Appellant, v. State of New York, Respondent. (Claim No. 30102.) Earl L. Emrich, by Rose Marty, His Guardian ad Litem, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 30103.) Fred Snell, Appellant, v. State of New York, Respondent. (Claim No. 30104.) Herbert Snell, by Fred Snell, His Guardian ad Litem, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 30105.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 7, 1952.

These claims were properly dismissed. The three claimants who have recovered damages had a valid cause of action against the State. Each was arrested without a warrant by a State trooper, taken to the trooper barracks for questioning, and were fingerprinted and photographed. They were subsequently arraigned before a Justice of the Peace upon a charge of petit larceny, a misdemeanor, and each was sentenced to thirty days in jail,...

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