176 A.D.2d 1222 | N.Y. App. Div. | 1991
— Order, insofar as appealed from, unanimously reversed on the law without costs and cross motion granted. Memorandum: The Court of Claims erred in denying the State’s cross motion for summary judgment dismissing claimant’s false arrest and malicious prosecution causes of action. With respect to the issue of malicious prosecution, the uncontroverted evidence presented by the
Further, under the circumstances of this case, neither the alleged failure of the police to disclose that an earlier sworn statement by one of the participants in the burglary did not implicate claimant nor the failure to present alibi evidence to the Grand Jury rebutted the presumption of probable cause arising from the indictment (see, Gisondi v Town of Harrison, 72 NY2d 280; cf., People v Townsend, 127 AD2d 505, 507, lv denied 69 NY2d 1011; People v Smalls, 111 AD2d 38; People v Rockwell, 97 AD2d 853; People v Filis, 87 Misc 2d 1067). For the same reason, the claimed failure to disclose evidence was not sufficient to overcome the presumption arising from the arrest of claimant pursuant to a warrant (see, Gisondi v Town of Harrison, supra; cf., Boose v City of Rochester, 71 AD2d 59, 67). We further conclude that, based upon the sworn statements submitted in support of the warrant application, the State Police demonstrated probable cause for the issuance of the warrant. (Appeal from Order of Court of Claims, Corbett, Jr., J. — Summary Judgment.) Present — Callahan, A. P. J., Denman, Green, Balio and Davis, JJ.