City of Cohoes v. Spizowski

Appeal from a judgment of the Supreme Court at Special Term, entered August 7, 1978 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, seeking to prohibit the Cohoes Criminal Court, from ordering the destruction of a release executed by appellant. The record shows that on March 13, 1972, before the Presiding Judge in the Cohoes Police Court, the attorney for the appellant moved to dismiss an information charging the appellant with the crime of assault in the third degree. The court responded: "I grant the dismissal because the police officer…