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RYAN v. STATE

56 N.Y.2d 561 (1982)

Charles W. Ryan, Jr., Appellant, v. State of New York, Respondent. (Claim No. 59804.)

Court of Appeals of the State of New York.

Decided March 25, 1982.

Attorney(s) appearing for the Case

Charles A. Schiano and Charles O. Baisch for appellant.

Robert Abrams, Attorney-General (Henderson G. Riggs and Shirley Adelson Siegel of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG concurs in a separate memorandum; Chief Judge COOKE and Judge MEYER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

According to claimant's theory of liability as stated in his verified bill of particulars, the acts of prosecutorial misconduct complained of were undertaken by the various employees of the State for the purpose of advancing their own personal interests. That being so, the doctrine of prosecutorial immunity and the legal principle that...

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