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GRAHAM v. CITY OF NEW YORK

279 A.D.2d 435 (2001)

720 N.Y.S.2d 452

EUBY GRAHAM, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 30, 2001.

The action, which is based on the dismissal of an indictment that charged plaintiff with the murder of his wife and plaintiff's imprisonment for some 14 months during the pendency thereof, was properly dismissed upon a record demonstrating probable cause for plaintiff's warrantless arrest (see, Broughton v State of New York, 37 N.Y.2d 451, 458, cert denied sub nom. Schanbarger v Kellogg, 423 U.S. 929) and subsequent prosecution...

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