Legal Opinion

Crawford v. New York County District Attorney

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 2012Published

1Opinion of the Court

*601During a traffic stop, the police recovered a handgun from the glove compartment of plaintiffs vehicle. After being indicted for criminal possession of a weapon in the second degree, plaintiff successfully moved to suppress the gun, resulting in the dismissal of the indictment. Plaintiff then commenced this action alleging violation of his constitutional rights under 42 USC § 1983, and malicious prosecution.

As to the section 1983 claim, to the extent discernible, plaintiff appears to allege that the District Attorney’s adopted policy of “prosecut[ing] all gun charges, regardless of the…

2Cases cited3 opinions

  1. Van de Kamp v. GoldsteinSupreme Court of the United States · 2009
  2. Shmueli v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2002
  3. Tucker v. City of New YorkNew York Supreme Court · 2000

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