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Wilkinson v. City of N.Y.

Indictment's Dismissal Based on Mercy, Not Innocence Not Termination in Defendant's Favor

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DECISION AND ORDER In this action for wrongful arrest and malicious prosecution, defendant Cyrus R. Vance (DANY) moves to dismiss the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7). The arrest and prosecution that plaintiff Don Ronald Wilkinson (Wilkinson) alleges was wrongful was on a charge of criminal sale of a controlled substance in the third degree (Penal Law §220.39.1). It arose from an alleged sale of crack cocaine to an undercover officer in the vicinity of 142nd Street and Amsterdam Avenue in the County, City and State of New York on November 5, 2013. According to the affirmation and memorandum of law of DANY, an undercover officer gave Wilkinson $30 in marked bills. Wilkinson entered a building and returned with a plastic bag containing crack cocaine and was arrested moments later with $10 of marked money still in his possession (id.,

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