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What is malicious prosecution in New York?

Malicious prosecution in New York is established if:

(1) the initiation of a proceeding;

(2) its termination favorably to the plaintiff;

(3) lack of probable cause; and

(4) malice.

See the Colon v City of New York, 60 NY2d 78 (1983).

For example, if the police file a false criminal complaint, misrepresented or falsified evidence, withheld evidence, or otherwise acted in bad faith then you may have a claim of malicious prosecution claim against the government.

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