Callan v. State

Order unanimously affirmed without costs. Memorandum: The Court of Claims did not abuse its discretion in denying claimant’s application, made after an appeal from the final judgment, to amend the deci- sion and judgment. The court, after trial, found that there was probable cause for claimant’s arrest for possession of mari- huana, but that the prosecution was continued thereafter without probable cause, and the court made an award of damages for malicious prosecution. On appeal, this court (Denman, J. P., and Lawton, J., dissenting) agreed that the proceeding was continued without probable…