Legal Opinion

Yanicki v. State

New York Court of Claims

Decided April 14, 1997No. Claim No. 85786PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

John P. Lane, J.

In this action, David Yanicki seeks damages for "defamation in the form of slander and general negligence” alleging that in 1991 members of the State Police told reporters from two newspapers that he had been convicted of a felony in a 1960 armed robbery case. The claim was filed late pursuant to orders of Judge McMahon, who has since retired. The gravamen of the claim is that claimant was not convicted of a felony, but *150was only adjudicated a youthful offender (YO), a fact the police were bound by CPL 720.35 not to disclose.1

Contending that the causes of…

2Cases cited9 opinions

  1. Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
  2. Brown v. State of New YorkNew York Court of Appeals · 1996
  3. CPC International Inc. v. McKessonNew York Court of Appeals · 1987
  4. Arrington v. New York Times Co.New York Court of Appeals · 1982
  5. People v. VidalNew York Court of Appeals · 1970

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3Cited by2 opinions

  1. Lawrence v. StateNew York Court of Claims · 1999
  2. Anderson-Haider v. StateNew York Court of Claims · 2010

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