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Legal Opinion

Kearney v. City of New York

New York Supreme Court

Decided July 7, 1989PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Richard D. Huttner, J.

This is an action for false arrest and malicious prosecution in which the gravamen of the complaint is that the police deliberately withheld from the Assistant District Attorney material tending to exculpate the plaintiff. During trial, plaintiff moved, in limine, to admit in evidence the official court transcript containing the Assistant District Attorney’s disclo*202sure of certain exculpatory material as well as his remarks concerning the soundness of the People’s case, which remarks were made in open court approximately 13 months after the…

2Cases cited9 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Johnson v. LutzNew York Court of Appeals · 1930
  3. People Ex Rel. Karlin v. CulkinNew York Court of Appeals · 1928
  4. People v. SavvidesNew York Court of Appeals · 1956
  5. People v. SimmonsNew York Court of Appeals · 1975

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3Cited by1 opinion

  1. Charles Deng Acupuncture, P.C. v. Titan Insurance Co.Civil Court of the City of New York · 2016

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