Legal Opinion
Colon v. City of New York
New York Court of Appeals
Decided October 25, 1983PublishedCited by 445 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Defendant appeals from a judgment awarding plaintiff damages for malicious prosecution and false imprisonment. It does not contest the false imprisonment claim but it contends the malicious prosecution action should have been dismissed because plaintiff failed to overcome the presumption which arose from his indictment that the police acted with probable cause in charging him with murder in the second degree.
The criminal charges followed the fatal stabbing of Emelio Hernandez on March 3,1974. When the indictment was moved for trial 22 months later, the District…
2Cases cited17 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Burt v. . SmithNew York Court of Appeals · 1905
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Boose v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
- Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
12 more not listed; retrieve them via the Exa API.
3Cited by445 opinions
- Manganiello v. City of New YorkCourt of Appeals for the Second Circuit · 2010
- Savino v. City of New YorkCourt of Appeals for the Second Circuit · 2003
- Murphy v. LynnCourt of Appeals for the Second Circuit · 1997
- Brandon v. City of New YorkDistrict Court, S.D. New York · 2010
- Bernard v. United StatesCourt of Appeals for the Second Circuit · 1994
440 more not listed; retrieve them via the Exa API.