Olivar v. State

OPINION OF THE COURT

Alan C. Marin, J.

This is the decision following the trial on liability of the claim of Jose Olivar, which arose from his arrest on a warrant *741that he contends was improper, in that it was based on a charge that had been dismissed.

In May of 2002, Mr. Olivar was arrested in New York County for trespass, marijuana possession and possession of a knife. On June 6 of that year, Olivar had four charges brought against him: trespass under Penal Law § 140.05; possession of marijuana under Penal Law § 221.05 (two counts); and possession of a knife per section 10-133 of the…